NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Business / Companies / Banking and finance

FMA provided 'rubbish' documents, court told

NZ Herald
12 Nov, 2015 12:25 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Paul Bublitz, one of the defendants in the case. Photo / Norrie Montgomery.

Paul Bublitz, one of the defendants in the case. Photo / Norrie Montgomery.

The Financial Markets Authority has allegedly provided thousands of pages of "rubbish" to defendants in what a forensic accountant called the most disorganised document disclosure she had ever received.

The FMA, however, has suggested the problem was caused by the parties using different software.

Property developer Paul Bublitz, allegedly associated with collapsed finance companies Viaduct Capital and Mutual Finance, has been charged with theft by person in a special relationship, making false statements in a prospectus and making false statements to a trustee.

He is, according to Chief High Court Judge Geoffrey Venning, the central defendant in Viaduct and Mutual trial, in which four other men are also facing charges.

• Developer seeks trial delay so he can pay for lawyer

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

While a 12-week trial was due to begin in February, Bublitz last month applied to delay it in the hope he can get money together for legal representation.

Bublitz, formerly represented by a Queen's Counsel, said last month that he now cannot afford a lawyer and has been denied legal aid.

In support of his adjournment application, Bublitz provided an affidavit and report from forensic accountant Tina Payne.

Advertisement
Advertise with NZME.

The report, in the words Justice Venning, highlighted difficulties Payne perceived with documents received from the FMA.

"She concludes that the documents are the most disorganised disclosure she has ever received; that the documents contained thousands of pages of unnecessary duplications and many more thousands of pages of "rubbish". While she has been able to establish there are numerous missing documents it is unknown what further documents should have been supplied," Justice Venning said.

As well as mentioning the software issue, the Crown said the document duplication was because it is the FMA's practice to include documents that are identical on their face but come from a different source.

The FMA said the majority of issues within Payne's report could be resolved within a month and Justice Venning said the issue over disclosure wasn't in itself enough to support an adjournment.

Discover more

Banking and finance

FMA files suit against trustee of failed Viaduct Capital

19 Aug 10:51 PM
Banking and finance

FMA sues finance trustee - taste of things to come?

20 Aug 05:00 PM
Banking and finance

Regulator talking to NZX over timing of Blis release

25 Aug 05:00 PM
Banking and finance

Finance company men plead not guilty

29 Sep 08:14 PM

There is a reasonable prospect Mr Bublitz will receive funding from those sources. Whether it is sufficient to fund his defence entirely or whether it will only assist him on a limited basis it is impossible to say at this stage.

Justice Venning

The real issue, in Justice Venning's view, was over whether the trial should be delayed to enable Bublitz to get legal representation or, alternatively, to give him more time to mount his defence without a lawyer.

Bublitz's lawyer for the adjournment application, Fletcher Pilditch, said during a hearing last month that his client would be better able to fund his defence from February, when money from a Queenstown property development could become available. This would be a mixture of a loan from a trust associated with the development and payment for Bublitz's services on the project, the court heard.

Although Bublitz had provided more information about the proposed arrangement since the hearing, Justice Venning said there was force in the prosecution's argument that issue of whether he would be able to fund legal representation was still "far from certain".

But the judge said there were enough documents provided to the court to satisfy him that the arrangement existed.

"There is a reasonable prospect Mr Bublitz will receive funding from those sources. Whether it is sufficient to fund his defence entirely or whether it will only assist him on a limited basis it is impossible to say at this stage," Justice Venning said.

He said it was in the interests of justice to allow the delay, given Bublitz was facing 49 charges, was the central defendant in the trial and that the others charged will also be affected by his role in the proceeding.

Advertisement
Advertise with NZME.

"I accept that Mr Bublitz has not sat on his hands. He would prefer to be represented and has taken some steps to achieve representation in these proceedings," the judge said.

The trial is now due to begin on August 8.

Save

    Share this article

Latest from Banking and finance

Banking and finance

Rishi Sunak returns to Wall Street bank he joined as intern

09 Jul 12:07 AM
Premium
Companies|banking and finance

NZ’s largest taxpayers revealed - does big business play fair?

01 Jul 05:00 PM
Banking and finance

Watercare secures $3.4b debt facility, largest for NZ corporate

30 Jun 05:00 PM

From early mornings to easy living

sponsored
Advertisement
Advertise with NZME.

Latest from Banking and finance

Rishi Sunak returns to Wall Street bank he joined as intern

Rishi Sunak returns to Wall Street bank he joined as intern

09 Jul 12:07 AM

His pay will go to his charity, the Richmond Project.

Premium
NZ’s largest taxpayers revealed - does big business play fair?

NZ’s largest taxpayers revealed - does big business play fair?

01 Jul 05:00 PM
Watercare secures $3.4b debt facility, largest for NZ corporate

Watercare secures $3.4b debt facility, largest for NZ corporate

30 Jun 05:00 PM
Big Reserve Bank scheme to protect Kiwis' savings launching

Big Reserve Bank scheme to protect Kiwis' savings launching

29 Jun 05:00 PM
Solar bat monitors uncover secrets of Auckland’s night sky
sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP