Statutory Managers answer frequently asked questions

Please note that these questions will be updated after the next Statutory Managers report is published (approximately 30 November 2011).

1. I deposited money for investment from an automatic payment after the date of statutory management on 20 June 2010. What happens to this money?
2. What is the relationship between the statutory management function and the Serious Fraud Office investigation?
3. What is a distressed investor and how do they apply for support from the emergency fund?
4. Will the payments made be a return of our investment or interest on our investments?
5. I have an investment in Hubbard Management Funds. My statement says that I have an investment in Aorangi Securities as part of my Hubbard Management Funds portfolio. Will I be getting a payment from Aorangi?
6. When will payments be made to investors?
7. In your reports you have outlined the need for Hubbard Management Funds to receive court direction on the repayment of investors’ funds. Why is this, what are the processes involved, and will the investors be advised of the process?
8. How much am I exposed to the investments made by Aorangi and Hubbard Management Funds into entities that are associated with Mr Hubbard?
9. Why are you selling assets?
10. We have an investment with Aorangi. We were advised it was a first registered mortgage. Why is our investment at risk?
11. Who holds the shares and cash that are part of Hubbard Management Funds?
12. Are the shares held in my own name?
13. What is the current valuation of the Hubbard Management Fund portfolio?
14. What is my own position in Hubbard Management Funds? How much will I get back?
15. Has Mr Hubbard pledged any of the assets that are owned for investor benefit?
16. Was there $2.5 million available to Aorangi prior to 30 June 2010?
17. What process is being followed in engaging Mr Hubbard?
18. Why were there no previous indications that Aorangi could not meet its interest obligations?
19. What assets does Hubbard Management Funds hold and what has been sold?
20. Pike River Coal Limited (PRC) has been placed in receivership. What is Hubbard Management Funds’ share holding in PRC?
21. If an investor with funds under statutory management were to pass away what would happen to the money invested under that person’s name?
22. What legal responsibility do the Statutory Managers have to pay out the money? If there are legal expenses, who pays?
23. What interest rate is used to calculate the interest on Aorangi investments?
24. When will interest payments commence?
25. Do the Hubbards have access to funds to pay for legal advice?
26. Who is paying for Statutory Management - the Government or the investors?
27. When will the next Statutory Managers report come out?

1. I deposited money for investment from an automatic payment after the date of statutory management on 20 June 2010. What happens to this money?

   Any funds contributed for investments following the date of statutory management were held in Trust. These funds have now been returned in full to investors.

2. What is the relationship between the statutory management function and the Serious Fraud Office investigation?

   The two processes are completely independent and separate. We are responding to formal requests by the Serious Fraud Office but do not have regular communication with them or know the status of their investigation. When investors have come to us with significant concerns, we have suggested that they consider voluntarily supplying information to the Serious Fraud Office to assist them with their investigation.

3. What is a distressed investor and how do they apply for support from the emergency fund?

   A distressed investor is one who is experiencing significant cash flow issues as a result of the statutory management process. The independent assessor will look at the cash resources of each investor and their commitments and any other specific requirements such as medical care. Should you find that your circumstances change, you can apply to the fund or if you have previously applied and been turned down then you may reapply.

   Investors that receive assistance from the fund will need to sign certain documents that will allow the Statutory Managers to offset the costs of the support that they have had against future repayments from Aorangi or Hubbard Management Funds. There were no offsets against the initial 3c in the $1 payment for Aorangi investors that was made in late October 2010, however we will be undertaking offsets against the July 2011payment.

4. Will the payments made be a return of our investment or interest on our investments?

   The payments will be a return of the principal investment. We will not pay any interest in the short term. This is consistent with best practice in the circumstances. The reason for this is primarily tax driven.  If we pay interest it would be subject to tax in the hands of most investors where as if we repaid the original investment capital it is not subject to tax. We are maintaining records that will allow us to calculate the interest should there be adequate assets and income within Aorangi to not only repay all capital but also the outstanding interest. Our current estimates, which are set out in our sixth report that there is likely to be a small shortfall in the principal repayments and therefore no interest payments are anticipated at this time.

5. I have an investment in Hubbard Management Funds. My statement says that I have an investment in Aorangi Securities as part of my Hubbard Management Funds portfolio. Will I be getting a payment from Aorangi?

   Hubbard Management Funds is an investor of Aorangi. Hubbard Management Funds will, therefore receive payments just like all other Aorangi investors. These funds will be deposited into Hubbard Management Funds and can only be distributed when the appropriate basis for distribution to Hubbard Management Funds investors is determined by court direction.

6. When will payments be made to investors?

   Aorangi investors have received a payment of 3c in the $1 as the first step in repaying their investment. We have realised a number of loans and have sold interests in a number of farms.

   We will distribute a further 4c in the $1 by the end of July 2011. An offset will be made against any previous distressed investor payments made to individual investors.

   This is less than the 8c in the $1 indicated in the 7th report due to uncertainty as to who is entitled to funds received from certain realisations.

   In July/August 2011 we expect to receive proceeds from the sale of farm interests of approximately $10 million. We would have expected to have these and other funds we hold available to distribute to Aorangi investors at this time, but this is not possible pending determination of the status of the Hubbard Interests.

   We would expect additional realisations in the next 3 months to exceed $20 million. This would bring realisations to a total in excess of approximately $40 million. Presuming the beneficial ownership of the interests can be determined, some or all of those realisations should be available for distribution to Aorangi investors.

   Hubbard Management Funds investors will receive payments once we have clarity on the correct and fair approach to repay the investors. As we have noted in our reports we will require court direction on this matter. Our legal advisers have indicated that it could be 2012 before any court direction is received. There is always the possibility that this direction may be challenged by an investor, which could further delay payments. We have detailed the key issues in our fourth report released in late October 2010. It is anticipated that papers will be filed with the court in the third quarter of 2011. It is unlikely that any payment will be made before 2012.

7. In your reports you have outlined the need for Hubbard Management Funds to receive court direction on the repayment of investors’ funds. Why is this, what are the processes involved, and will the investors be advised of the process?

   As we have noted in our reports, it is not clear whether this is a personalised investment fund or a pool investment fund. The answer to this has a significant impact on the allocation of the funds to each investor in Hubbard Management Funds. To provide everyone with certainty, we consider there is a need for the court to review the evidence for each of the possible distribution methods and to conclude which distribution method is going to provide the most equitable and fair allocation of funds to each investor. The processes to have a court hearing are complicated. You will be aware that there is considerable pressure within the court system and our legal advisers estimate that it is unlikely to be resolved until 2012. In the event that court direction is required, every investor will be kept fully informed. It is likely that the notice of proceedings will need to be served on each investor to provide them with the opportunity to consider whether they wish to be represented. Clearly, if all investors wish to be represented the process will be extended significantly and therefore we are investigating the ability of having some independent counsel appointed on behalf of the investors. We would emphasise that we are actively looking for alternatives that enable swifter resolution.

8. How much am I exposed to the investments made by Aorangi and Hubbard Management Funds into entities that are associated with Mr Hubbard?

   We covered this matter in our third report dated 30 September 2010. There are substantial exposures of both Aorangi and Hubbard Management Funds to South Canterbury Finance and its parent Southbury Group Limited. Given the insolvency of both companies, there is a high likelihood that the investments will be worthless.

   As we have reported previously, in the months prior to our appointment as Statutory Managers, Mr & Mrs Hubbard arranged to transfer shares and partnership interests in a number of businesses that were held in their personal names ("the Hubbard Interests") to charitable trusts established by Mr Hubbard.

   At the same time as the transfers were proposed, the charitable trusts purported to grant Aorangi security over the Hubbard Interests. The total value involved is approximately $60 million.

   Mr Hubbard says this was done to give Aorangi security over valuable assets which could be used to meet the amounts due to the Aorangi investors.

   We have been progressively reversing the transfer of the shares from the charitable trusts back to Mr & Mrs Hubbard. This is a necessary step while we attempt to ascertain whether the shares were held by Mr & Mrs Hubbard in trust for Aorangi, or for their own benefit.

   If it is established that the Hubbard Interests remain in the ownership of Mr & Mrs Hubbard, those assets will not be directly available to Aorangi. There could instead be a claim by Aorangi as lender against Mr & Mrs Hubbard as borrowers from Aorangi at a value of close to $60 million.

9. Why are you selling assets?

   Aorangi has a portfolio of first mortgage loans and other loans and ‘investments’ primarily into farming operations. The commercial loans and first mortgages that Aorangi holds are being rolled over and refinanced in the normal course of business. Mr Hubbard had developed a four year plan to realise the Aorangi assets so the investors could be repaid. To realise funds so Aorangi investors can be repaid, we have instigated processes to ensure that loans are realised at as full a value as possible and that ‘investments’ are sold at or in excess of independent valuations. We are in negotiations with a number of other borrowers to refinance or repay their loans.

   Prior to our appointment, many of the farming interests were under financial pressure, and in a number of cases receivership was threatened. In some cases assets of the farming interests had been pledged to other parties, often associated with Mr Hubbard. After engagement with interested and affected stakeholders, we made financial, legal and banking decisions that have now resulted in some stabilisation. These restructures enable the farming interests to be packaged in a marketable form to maximise realisable value. Although this process is still ongoing, the steps we have taken should maximise the realisable value of the Aorangi assets (subject to confirmation of ownership, as discussed previously).

   Hubbard Management Funds has sold a limited number of investments. These sales have been to take advantage of some good asset pricings and also to tidy up some very small investments relative to the overall fund. The primary purpose of these actions has been to obtain sufficient cash flow to meet its obligations to continually make payments to certain venture capital investments of the fund. If the fund does not make these payments, the value of those investments will diminish significantly. Our actions have been to protect the value of the investments on behalf of the investors.

10. We have an investment with Aorangi. We were advised it was a first registered mortgage. Why is our investment at risk?

    Some investors have provided us with authorities showing that they believed they had invested in first mortgage securities over the land. Other investors have provided us with correspondence suggesting a similar type of investment. We reported earlier that the nature of the investments was generally not first mortgage securities over land. The majority of the investments are in fact second mortgages, unsecured advances or are ‘investments’ in certain businesses, primarily in farming operations. The ownership of these ‘investments’ is in doubt and therefore it is not certain that realisations of these ‘investments’ will be available for the Aorangi investors.

11. Who holds the shares and cash that are part of Hubbard Management Funds?

    The vast majority of the shares are held in the name of Hubbard Churcher Trust Management Limited which is in statutory management. The cash associated with Hubbard Management Funds is held by Forresters Nominee Company Limited (in statutory management). The reason for these two companies being placed into statutory management was to secure the assets for the benefit of the investors as they were not controlled by the Statutory Managers.  Some investments are held in other entities.  We are working to transfer these to Hubbard Churcher Trust Management Limited, and to date a number of transfers have occured.

12. Are the shares held in my own name?

    No, the shares are not held in the name of each investor. They are held globally on behalf of Hubbard Management Funds, usually in the name of Hubbard Churcher Trust Management Limited.

13. What is the current valuation of the Hubbard Management Fund portfolio?

    We have been providing an update in our reports on the current value of the Hubbard Management Fund portfolio. The graph below sets out the movements in the value of the Hubbard Management Funds portfolio and cash holdings.

    

14. What is my own position in Hubbard Management Funds? How much will I get back?

    The position of each investor in Hubbard Management Funds is unclear. If the fund has acted as a pool then each investor will get a pro-rata amount of what they have invested. Our current estimate is that on this basis investors would receive approximately 60% of their investment. This will alter as the portfolio value changes as any shortfall will be allocated on an investment by investment basis.  If the fund is regarded as an individual portfolio, then the returns are less certain. As we have noted in our reports, there are certain situations where there is inadequate shares and cash to match investor statements. We have undertaken a brief review of the positions of the investors on the assumption that each investor would get a share of each investment that is listed on their statements. It is concerning that some investors would suffer a large loss, whereas other investors would suffer only a very small loss. Because the variances in the returns will be considerably different for many investors, we will need to get court direction as to the best basis for allocation.

15. Has Mr Hubbard pledged any of the assets that are owned for investor benefit?

    Our initial investigations indicate that there are shares owned by Hubbard Management Funds that appear to have been mortgaged or offered as security for other loans. These are at risk.  We referred to this matter in our third report and indicated that the total value of these assets pledged as security is approximately $7.5m. This estimate has reduced to $4.5 million at 31 January 2011 as we have resolved some issues and the value of the shares subject to claims has changed. 

16. Was there $2.5 million available to Aorangi prior to 30 June 2010?

    We can confirm that at the time of our appointment $2.5 million was held in a solicitors trust account. Some days subsequent to our appointment these funds were transferred to our legal advisers trust account. Given we were appointed just a few days before the 30 June 2010 interest payment was due, we did not have sufficient time to get a full understanding of the position of Aorangi and therefore it was prudent to place interest payments on hold. These funds were used, along with other funds received, to make the 3 cent capital repayment to investors in October 2010.

17. What process is being followed in engaging Mr Hubbard?

    In the early days of the process we engaged regularly with Mr Hubbard. Mr Hubbard’s legal advisers then required all questions to be passed  through them which slowed the process enormously.  Additionally, Mr Hubbard was required to focus on the plans for South Canterbury Finance and therefore we needed to provide him with “space” to focus on this matter. We have now ceased placing requests via Mr Hubbard’s solicitors. We now meet regularly with Mr Hubbard to get his input on a range of matters.

18. Why were there no previous indications that Aorangi could not meet its interest obligations?

    Mr Hubbard was able to mortgage his assets to raise funds to pay investors fully.  At the time of our appointment there were a number of mortgage applications with solicitor nominee companies and banks.  We have previously commented on the mismatch in funding and borrowings. The recent quarterly receipts have highlighted that loan interest received was substantially less than the amount required to pay investors their quarterly interest.

19. What assets does Hubbard Management Funds hold and what has been sold?

    We can not generally disclose this information without running the risk of impacting the value of the investments. Our priority is to maximise the value of the fund. We have already seen the effect of the market anticipating (incorrectly) the sale of certain assets. This included a drop in the market share price in anticipation of surplus stock available for sale and a number of heavily discounted offers. As previously stated, the Statutory Managers are not intending to sell any investments unless it complements the process of good management maximising fund value for its investors and maintaining appropriate spread and weighting of investments. We are not liquidating the fund but we are actively managing the fund.

20. Pike River Coal Limited (PRC) has been placed in receivership. What is Hubbard Management Funds’ share holding in PRC?

    Hubbard Management Funds currently holds 1,100,000 shares in PRC. When Grant Thornton New Zealand became Statutory Managers back on 20 June 2010, the shareholding stood at 1,546,386, up from 1,398,445 shares held on 31 March 2010.

    As part of our active management of the fund we have sold down the holding by approximately 30% as the share price peaked in October and early November 2010. This was in response to our advisers’ considered opinion that the fund had excessive exposure to the resource sector.

21. If an investor with funds under statutory management were to pass away what would happen to the money invested under that person’s name?

    The investment would transfer to their estate. The investment would remain in the name of the estate within either Aorangi or Hubbard Management Funds.

22. What legal responsibility do the Statutory Managers have to pay out the money? If there are legal expenses, who pays?

    An estate would have the same status as all other investors. There would be no legal costs from the Statutory Managers’ solicitors associated with the transfer of an Aorangi or Hubbard Management Funds investment to an estate. The Statutory Managers would require evidence and direction from the estate solicitors to make any transfers.  This is likely to include a probated will.  The process we would use is identical to the process used for the major share registries.

23. What interest rate is used to calculate the interest on Aorangi investments?

    Systems are in place to calculate interest but as yet, no interest has been calculated. The rate used will most likely relate to the banks on-call rate or the 90 day bank bill rate as this data is easily available retrospectively.

24. When will interest payments commence?

    We will repay capital first and will only calculate interest in the event of a surplus available to investors. Interest will not be calculated prior to the full repayment of capital, nor will we credit interest to any investors account earlier, doing so may create taxable income for investors which may never be paid.  Our current estimates which are set out in our sixth report, indicate it is unlikely any interest will be paid on funds invested in Aorangi.

25. Do the Hubbards have access to funds to pay for legal advice?

    As requested by the court in March 2011, we have paid a portion of Mr Hubbard’s personal legal advisers fees. As funds are available from realisations of Mr Hubbard’s personal assets and subject to any competing claims, it is our intention to pay additional amounts to Mr Hubbard’s personal legal advisers.

26. Who is paying for Statutory Management - the Government or the investors?

    Presently, Statutory Managers costs for Hubbard Management Funds are coming from investor funds. Before Statutory Management was imposed, Mr Hubbard charged investors an annual management fee of 1.5% on monies invested. To cover Statutory Management costs, we obtained a court order to have the fund cover the costs. This was on the basis that Mr Hubbard's usual annual management fee of about $1.2m ($80m x 1.5%) was not charged in December 2010 as had been his past practice.

    The Statutory Managers costs for Aorangi and Te Tua Charatible Trust are being paid from those entities on a monthly basis. Details of these costs have been disclosed in our recent reports which are available on our website, click here. Our costs incurred to 31 May 2011 are detailed in our seventh report.

27. When will the next Statutory Managers report come out?

    The statutory managers have released two separate reports for Hubbard Management Funds and Aorangi Securities Limited on 29 June 2011. Both reports have been placed on this website (click here to access Seventh HMF Statutory Managers’ Report 29 June 2011 and click here to access Seventh Aorangi Statutory Mangers’ Report 29 June 2011). The next report is expected to be issued by the end of September 2011.

Please note:

• The facts and circumstances of each investor's position may vary and each investor is encouraged to seek independent legal advice in respect of the disclosures contained in the responses to frequently asked questions ("disclosures").
• The disclosures are made in the course and scope of Grant Thornton performing its roles and responsibilities as statutory manager.
• The information contained in the disclosures is applicable as at date of publication and for periods prior to publication, however whilst Grant Thornton has consistently strived to keep investors informed, it is not able to guarantee that all information is up to date as facts and circumstances change.