Official Assignee probes Henderson holiday claims

David Henderson Photo / Brett Phibbs

The Official Assignee is investigating whether bankrupt Auckland property developer David Henderson set out to mislead the office with claims he was holidaying in Australia last week.

Henderson left the country without permission, on June 10, just a day after he was made bankrupt - an offence which carries a maximum punishment of up to three years in jail.

The former rich-lister and Princes Wharf developer was declared bankrupt in the High Court at Auckland earlier this month over debts of $3.7 million to the Inland Revenue Department.

Nzherald.co.nz understood Henderson left the country bound for Spain, but his lawyer Daniel Grove later told the Herald that Henderson had in fact gone to Australia.

Official Assignee regional manager David Harte said Henderson contacted his office last week to say he was holidaying in Australia with friends, and that media reports of him being in Spain were wrong.

"Our continuing investigations have now confirmed that the bankrupt is indeed actually off the coast of Spain on an associate's yacht. The bankrupt has now also confirmed this to us in person," Harte said.

"The bankrupt is now also being assessed as to whether he has committed a possible offence of attempting to mislead the Official Assignee.

"This will be progressed as part of our interview with the bankrupt immediately on his return," he said.

Grove said he did not know what discussions had taken place between the Official Assignee and Henderson, when asked for comment on his client's whereabouts.

"That's not for me to comment on," he said adding that he was not speaking to Henderson on a daily basis.

"I don't know whether the situation may have changed. It's all speculation and it's not for me to speculate."

No decision had been made on whether Henderson would appeal the bankruptcy ruling, Grove said.