Zion Wildlife Gardens Zion Wildlife Gardens in Recievership

Big cats won't be killed, say receiver
18 January 2012

The receiver says it has no intention to have any of the big cats at Zion Wildlife Gardens euthanased.

The future of the 36 cats was set to be the subject of a hearing at the High Court in Auckland on Wednesday following a bid asking for the cats to be removed from the park by February 3 or euthanased.

The bid was withdrawn on Wednesday ahead of a court hearing to determine the status of the cats which was already scheduled later in February.

Rabobank, the appointor of the park's receivers PriceWaterhouseCoopers, said a bid had been made to buy the park as a going concern and the court action was solely about facilitating the sale process.

"There is not, and has never been, any intention to euthanase any animals at Zion Wildlife Gardens," Rabobank's New Zealand general manager Ben Russell said.

"The welfare of the wildlife is a priority - they are being very well cared for and the planned sale of the park would enable them to remain in place."

Though he dropped the application about the future of the cats on Wednesday, the receivers' lawyer Justin Toebes told the hearing he reserved the right to make another application once the scheduled hearing had been held.

Mr Toebes also made an application to confirm the receivers' right to enter the park.

Evgeny Orlov, the lawyer for the park's operator Patricia Busch, told the court the application about the cats and subsequent resiling from it was an abuse of process.

Zion Wildlife Gardens became famous through the television series The Lion Man, featuring Ms Busch's son Craig.

The park subsequently got into financial trouble and there was a falling-out between Craig and Patricia Busch, which resulted in Craig Busch leaving the park in 2008 after an employment battle.
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Prospective Zion buyer kept secret - Business - NZ Herald News
18 January 2012]

Details of a prospective buyer for the troubled Zion Wildlife Gardens were kept secret at a court hearing today.

The Northland attraction was placed into liquidation in August after the High Court at Whangarei found it could not pay debts said to be more than $100,000.

Receivers PricewaterhouseCoopers (PWC) said today they had received an offer for the park and a conditional contract was in place. They refused to disclose the buyer but said the park's 36 big cats would be kept alive and on the site.

During a lengthy hearing at the High Court at Auckland, the lawyer for park operator Patricia Busch, Evgeny Orlov, asked to view the sale agreement because he was concerned the offer was from his client's estranged son Craig.

"That would be an illegal transaction because he owes Mrs Busch money, and there are also questions about his previous treatment of the animals,'' he told the court.

Citing commercial sensitivity, Justice Mark Woolford allowed only lawyers to see an abridged version of the document - with names and figures left out.

Mr Orlov took exception to that, saying it was a "gagging'' tactic.

But Justice Woolford said it was normal practice to allow confidentiality in such matters, especially given the sale had not been completed.

The sale of the park would not include its big cats, which include lions, cheetah and white tigers, and there will be another hearing in Whangarei next month about their ownership.

Mr Orlov told the court the receivers had been interfering with the cats' care and said the animals were "suffering'' as a result.

He had anticipated today's hearing would be about whether they could be put down, and said PWC lawyer Mr Toebes had tried to avoid the issue due to the large media presence in court.

Mr Toebes said this was not the case and he was merely going through the normal process of ending a receivership.

"It's simply to enable the receivers to retire, nothing else.''

Mr Orlov later accepted this was the case.

The International Fund for Animal Welfare today joined calls to rehouse rather than euthanise the big cats, but Rabobank New Zealand, who called in the receivers, denied they would be killed.

"There is not, and has never been, any intention to euthanise any animals at Zion Wildlife Gardens,'' said general manager Ben Russell.

"The welfare of the wildlife is a priority - they are being very well cared for and the planned sale of the park would enable them to remain in place.''

Mr Toebes also made an application regarding the receivers' access to the park. That was adjourned until next week with lawyers indicating it may be resolved outside court.

The park was opened in 2002 by Craig Busch, star of television show Lion Man.

It was taken over by his mother Patricia in 2006 after she raised money to pay off the park's debts.

A protracted legal battle between the pair ensued, with Mr Busch leaving the park in 2008.

The zoo's troubles have been long-running and include the death of South African keeper Dalu Mncube, who was mauled by an endangered white tiger in 2009. The cat was put down.
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This from MSN NZ:17 January, 2012
Zion Wildlife Gardens' receivers say their court bid is about the welfare of the big cats and not about killing them.

Evgeny Orlov, the lawyer for the gardens' operator Patricia Busch, says the park's receivers had launched a bid for an urgent High Court hearing on Wednesday asking for the 36 big cats at the park to be taken off the property by February 3 or be euthanised.

But Colin McCloy of receivers PriceWaterhouseCoopers says the High Court bid was made to support a sale of the park as a going concern, one where the cats would remain in the park.

"An interested party has offered to purchase the business and assets of Zion," Mr McCloy said.

"The receivers believe the offer represents good value and the best option to preserve the operation of the park and the welfare of the animals.

"However, existing court directions need to be varied to support the sale process."

Mr McCloy said he couldn't name the prospective buyer due to commercial sensitivity.

He said the welfare of the animals was a priority and the receivers had continued to provide them with food and vet care.

Mr Orlov said the court action he had seen effectively meant the cats would have to be killed as there was no chance the animals could be removed by February 3.

He told NZ Newswire the application would be challenged on procedural grounds as a hearing on the animals' future had already been scheduled for February.

Zion Wildlife Gardens became famous through the television series The Lion Man, featuring Ms Busch's son Craig.

The park subsequently got into trouble and there was a falling-out between Craig and Patricia Busch, which resulted in Craig Busch leaving the park in 2008 after an employment battle.

Zoo keeper Dalu Mncube was killed by one of the cats the following year.
 
Zion cats safe for now, court hears - national | Stuff.co.nz
18 January 2012

The threat of the 36 remaining cats at Zion Wildlife Gardens being euthanased or taken away has been quashed today with counsel for receivers confirming they have an offer to buy the park as a going concern.

Discussions between counsel for receivers Price Waterhouse Coopers, Justin Toebes, and Evgeny Orlov, counsel for gardens owner Patricia Busch will continue this afternoon in the High Court at Auckland but Toebes confirmed to the court this morning that an application to have the cats either killed or taken from the park had been adjourned at this stage.

He said instead that there was an offer, from an undisclosed buyer, to buy the park as a going concern. The offer is set to be finalised within the next day.

When questioned by Justice Paul Woolford as to whether the offer included the animals, Toebes said the animals were included in the document, but did not respond as to whether they would remain at the park.

Orlov has asked for the full details of the sale to be made public this is unlikely because of commercial sensitivity. He said the welfare of the animals could be at risk if the operator did not know how to handle them.

Price Waterhouse Coopers said yesterday that welfare of the animals was a priority, and food and veterinary care have continued to be provided and funded.

A hearing to decide the ownership or otherwise of the animals is set down for mid-February.

The park was placed into liquidation in August last year after the High Court in Whangarei ruled that it could not pay its debts, believed to be up to $100,000.

Orlov, who had been working on the case on a pro bono basis for about five months, said the late application and subsequent withdrawal by counsel for the receivers was a waste of the court's time.

Craig Busch opened Zion in 2002, but sole directorship of the park was handed to his mother, Patricia, in 2006 after she raised loans to help pay off growing debts.

Busch's employment ended in 2008, sparking a long-running legal battle between the pair.
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Chlidonias;516847 it doesn't help the park that their lawyer is spouting the nonsense about white tigers being endangered etc said:
Agree with you fully here Chidonais, Zion's often claimed conservation of endangered "white lions and tigers" is a sham. They are freaks of nature with a very limited gene pool due to utilising cats with the recessive gene that breeds white animals. They might be rare but certainly are not a separate endangered speices and anyone who claims they are is showing their ignorance.

I hear there is a move afoot by a Maori lady who worked at the park to have the local Council take over the running of the park. That or have a charitable trust such as runs Orana take over the park would be the best bet. Get some knowledgeable people in there and let them run the place properly. Zion has been mismanaged by a family of fools since it was formed, and unfortunately supported by a misguided bunch of ignoramuses.
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I missed this article when it came out six days ago (just saw it fortuitously around my fish-n-chips today so looked it up online), but it handily ties in with one posted just two days ago.

Councils could buy Zion | Northland News | Local News in Northland
19 January 2012

Ratepayer funding has not been ruled out for Whangarei's Zion Wildlife Gardens as legal wrangles and uncertainty over the world-famous big cat park continue.

Whangarei District Council and the Northland Regional Council are closely monitoring developments at the park and have indicated a willingness to help in kind at this stage if formally approached.

Park receivers PricewaterhouseCoopers (PwC) have received an offer from an unnamed interested party to buy the park and assets, including 36 big cats, but the ownership of the animals will be decided in court next month.

The High Court at Auckland yesterday requested a copy of the offer, which was expected to be presented later in the day.

All matters were adjourned to the same court for next Friday.

Craig Brown, chairman of the Northland Regional Council (NRC), said all offers for help would be considered because the park could become a significant tourist attraction if managed well.

"Initially, my councillors were not in favour of ratepayers' money being spent on Zion but, if there's overwhelming public support [to buy the park], we may well need to reconsider our position," he said.

Mr Brown had discussions with Lion Man and former operator Craig Busch and his mother Patricia Busch some months ago and explained that NRC was not in a position to help financially.

"But obviously things have changed since then. We'll consider anything, but my council will have to sit down and see what benefits we get in return."

Mr Brown said he would hate to see the big cats put down because of disputes.

Whangarei deputy mayor Phil Halse said the council had asked those running Zion to bring information about a way forward if the business was still in a position to operate.

Because of pending court action, he said the council had not been approached by the operators or receivers in recent months.

"We were very happy to assist where we could, for instance explaining the planning process and providing professional advice where possible.

"We are always conscious when we are dealing with any business in the district that we are guardians of the ratepayers' dollar and that we must be scrupulously fair and even in our approach," Mr Halse said.

"Once the court action is over and the ownership of the animals sorted out, a proposal will need to be put before us.

"It's too early to commit to anything but we'll consider offers to assist where possible," he said.

Mr Halse said the council would be interested to hear the decision of the court as it might clear up a number of matters.

"We had great hopes for the success of this park, as council does for every new innovative business that comes to our district.

"It is a great shame that things have reached a point now where the animals who have had the least say about any of this may pay the ultimate price.

"For the residents of the Whangarei district and for those who have run the park, been employed there or enjoyed the programme on TV, it is very sad to see that the dream may possibly die," Mr Halse said.

Destination Northland chief executive Brian Roberts said his organisation could not help Zion, apart from promoting it if it was a viable business.

"If the park can continue operating, it would be an ideal thing and we can then continue promoting it, as we do with other tourist attractions in the region," he said.
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March for Zion big cats planned | Northland News | Local News in Northland
23 January 2012

A former employee of Zion Wildlife Gardens will lead a public march through central Whangarei supporting ratepayer funding for the park.

The march will start opposite the Whangarei Courthouse in Bank St at noon on February 3 before a haka is performed a short distance along the road near the National Bank. Marchers will then move to Cameron St, Rathbone St and finish at Laurie Hall Park.

An Advocate story last week about the Whangarei District Council and Northland Regional Council possibly using ratepayer funds to help buy the park provided the impetus for Bridgette Henare-Winiata, who worked at Zion until made redundant in May 2010, to start organising the march.

Offers of support had started pouring in after she approached youth groups, businesses and major reggae bands, she said.

Ms Henare-Winiata said everyone had heard from Lion Man Craig Busch and his mother Patricia about how the park should be run and it was now time for the public to have its say.

"Whoever buys the park must have a passion for the animals and I believe there's so much potential there with the right management," she said. "To have the park fall to pieces with threats of euthanasia is absolutely devastating. I won't let that happen. The Busch family need to really sit down and sort out their problems."

Ms Henare-Winiata called on everyone, especially young people, to join the cause to ensure a tourism showpiece was retained in the district.

"This (park) could be a tourist hub. We could have a Maori village like Te Hana, open up the railway corridor, there's a natural eel migration centre in waters just off the park, and there's so much untouched land for horse riding, trekking, and bush walks.

"Whangarei is only a pitstop before travellers head to Paihia. Let's give them a reason to stop here and see what we offer."

If the big cats were euthanased, the fatal mauling of handler Dalu MnCube by a white tiger would be in vain, Ms Henare-Winiata said.

NRC chairman Craig Brown has indicated if there was overwhelming public support to buy the park, his councillors would reconsider their position.

A raft of legal issues, including ownership of 36 big cats, need to be sorted out first before councils can decide what help they can provide.

Park receivers PricewaterhouseCoopers have received an offer from an interested party to buy the park and its assets, excluding the cats, as a going concern.
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this article from yesterday relates to some of what was said in the Campbell Live piece linked to in the post above.
Lion Man faces $16,000 court bill - National - NZ Herald News
26 January 2012

A hearing into who owns the big cats at Whangarei's Zion Wildlife Gardens cannot proceed until Lion Man Craig Busch pays $16,000 in court as security for costs.

The order was made by Associate Judge Roger Bell in the High Court at Whangarei on Monday after an application by Evgeny Orlov, lawyer for park operator Patricia Busch. The media was barred from the hearing.

Mr Busch, who has an injunction that prevents the sale or euthanising of the 36 big cats, has until next week to pay the bond.

The High Court at Whangarei will next month hear arguments on the ownership of the animals, if Mr Busch fronts up with the bond.

Mr Orlov said the application was necessary because the Lion Man had lost a few cases previously, including one in which he sued his mother, but had not paid costs for those cases. He said another reason for seeking security for costs was that Mr Busch was in South Africa.

"We are telling the court enough is enough. He can't be harassing her [Mrs Busch] without paying security for costs. If he loses [next month] ... she won't have any security over costs without this application succeeding,'' he said. Mr Orlov claimed if the security wasn't paid and the hearing failed to materialise, the ownership of the animals would fall on his client.

Mr Busch's lawyer Noel King said his client was asked to pay $30,000, but the court ruled it was not the right amount. "Because he is resident overseas, part of the law says he has to provide security and that's what the court has ruled on,'' he said.

Mrs Busch has been the park operator for two years and only the Ministry of Forestry has powers to revoke her licence.

Another hearing is scheduled in the High Court at Auckland tomorrow over matters pertaining to the control of the animals to enable the sale of the park and its assets to go ahead.
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LATEST: Zion not part of trial | Northland News | Local News in Northland
28 January 2012

Zion Wildlife Gardens has been removed as a party to a trial over ownership of animals at the park.

Receives PricewaterhouseCoopers applied for a discontinuation from next month's trial to the High Court in Auckland which was granted by Justice Kit Toogood today (Friday).

The High Court in Whangarei will hear arguments over ownership of 36 big cats at Zion.

Lion Man Craig Busch secured an injunction about two years ago that prevented anyone from claiming ownership of the animals, euthanising, or moving them elsewhere.

Zion then became a party to that injunction because it managed the animals.

Since the receivers took charge in July 2011 after Zion could not pay debts, the High Court ordered park operator Patricia Busch to look after the animals while their ownership is in dispute.

PwC lawyer Justin Toebes said Zion had been removed from proceedings next month so receivers now have no interest in the wildlife.

"The real question in the trial (next month) is, is it possible to have ownership of wildlife in a zoo? The Attorney General has joined proceedings in the case because of the public interest in it," Mr Toebes said.
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Christchurch's Orana Wildlife Park is unlikely to take any big cats from the troubled Zion Wildlife Gardens if it fails to sell.

The Whangarei park was placed in liquidation in August due to rising debts, believed to be up to $100,000.

The 36 cats, which included several white tigers and lions, were being cared for by Patricia Busch, who had been involved in a long-running legal battle over the park with her son Craig, who opened the facility in 2002.

Orana Park chief executive Lynn Anderson said it would not be possible for the animals to come to Christchurch.

It was important for the public – who were naturally concerned for the cats' welfare – to understand it was not a simple matter of picking the 36 animals up and moving them somewhere else, she said.

She estimated it would cost between $1 million and $1.5m to build new enclosures for the cats, and another $300,000 annually to feed and care for them.

Even if the cost issue was resolved, it was highly unlikely the Zion cats would be suitable to add to Australasia's breeding programme, she said.

"Those cats aren't in a recognised breeding programme."

The fate of each cat would probably be decided individually.

"First [we] need to assess the health and the pedigree and the background of the animals. If the cheetah were of suitable bloodlines for the breeding programme they could potentially come here."

The white tigers had most likely been inbred to produce the recessive white gene and it was likely all the tigers were of mixed subspecies.

"So if these tigers are mixed [and] inbred they're no good for breeding. They're display animals only. That doesn't mean they couldn't go to a reputable wildlife sanctuary, though."

Anderson said Orana Park was willing to assist where possible.

"Rather than the cats be put down, we would definitely assist through our networks to find the best option for them. The cats didn't ask to be in that position and we do care."

Nothing could happen with the cats until the park's legal issues were sorted out.

Colin McCloy, of PricewaterhouseCoopers, said the receivers were working towards the sale of the park.

"Under the sale arrangement, we expect the wildlife to remain at the park."

Christchurch-based animal welfare charity Save Animals From Exploitation (Safe) said it wanted independent animal behaviourists and wildlife experts to decide what was best for the cats.

"Both the current owners and the receivers have a financial interest in these big cats and can therefore not be trusted to act in their best interest," director Hans Kriek said.

Orana Park was not a realistic option, as it did "not have the facilities or the financial resources to house these cats".

"The worst case scenario ... is that these animals could be sold to substandard zoos or even worse circuses; this must be avoided at all cost."
 
the text of Jay_NZ's link:
31 January 2012

Whangarei's Zion Wildlife Gardens has been sold to a company which has engaged former owner Craig Busch to help with its operation, its receivers say.

Mr Busch - who was TV's Lion Man - had been involved in a long-running legal battle over the park with his mother, Patricia Busch.

PriceWaterhouseCoopers confirmed the sale of the business and assets of Zion, placed in liquidation in August due to rising debts, believed to be up to $100,000.

The park has 36 large cats, including several white tigers and lions, which were being cared for by Mrs Busch.

Receiver Colin McCloy says "following due consideration of the expressions of interest in the assets and operations of the company, an offer has been accepted which the receivers believe provides good value and is the best option to preserve the operation of the park and protect the welfare of the animals".

The purchaser is Zion Wildlife Kingdom Ltd, and the receivers understand it has engaged Mr Busch to assist with the park operations.

Receivers were on the Kamo site this morning to advise those of the sale. Staff have been given notice and stood down from work on full pay. The purchaser will staff the park.

Receivers are not in a position to comment further on the sale and purchase agreement or the new owners, as it was confidential.

Zion Wildlife Kingdom Ltd is now in possession of the keys to the park and the receivership will be concluded in the near future, Mr McCloy said.

"The welfare of the wildlife at Zion has always been a priority for the Receivers and we're pleased to announce the completion of the sale and purchase agreement which enables the wildlife to remain at the park," he said.

Barriers to the sale had been removed at the High Court at Auckland last week, when representatives for both mother and son, as well as a legal counsel for receivers PricewaterhouseCoopers, appeared.

Mrs Busch has been caring for the animals since receivers came and shut the park in August last year.

Mr Busch now lives in South Africa.

Outside the court, Evgeny Orlov, lawyer for Mrs Busch, said PricewaterhouseCoopers was no longer challenging her right over the animals.

Mr Busch opened the park in 2002 but sole directorship was handed to his mother after she raised loans to help pay growing debts.

His employment ended two years later sparking the legal battle.
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I'm not sure how surprising it is who the buyer of the park is (I think we could have all foreseen that they were one of the prospectors). It is troubling to me that Craig Busch is once again back in charge of the reins, and it is unfortunate that the current staff have all been fired [I don't know who the current staff are - it may just refer to the mother and daughter, but surely there would be more paid staff there?]. I guess things are all back to square one.
 
It's public knowledge now, so Im not breaking any rules by stating that the new owners of Zion have been friends with Craig Busch for quite some time.
Also Megan Busch was removed from the property by police, who were there along with MAF inspectors to supervise the take over by the receivers.
Most of the older staff members left Zion in the past couple of years, some of the present workers are friends of the Busches who are volunteering their time to care for the cats.

Remains to be seen if the park will prosper or fail under Craig, but his reputation in NZ is not the best now. Certainly the new owners are not short of money.
 
kiwipo said:
Remains to be seen if the park will prosper or fail under Craig, but his reputation in NZ is not the best now. Certainly the new owners are not short of money.
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I do wonder if Craig will return or just "help" from overseas. He still owes a lot of people money, and there are various legal issues he has not resolved here. It'll be interesting to see how this plays out!

The reveal of the new owners was of course on the tv news this evening, and there will be a piece on Campbell Live as well in about 15 minutes. I'll post the links later in the evening when they appear on the news website.
 
If he does return he will find it difficult to leave, he owes the Justice dept a significant amount in court costs that they will be keen to recover.
 
According to that item Craig Busch is already back in NZ. Also despite the headline no mention that his sister was arrested.
 
I think John Campbell may have said Craig Busch was back in NZ but that may not be accurate. Another piece (I think the news item earlier) said Craig was in South Africa still. Regarding the arrest, I think on 3news or Campbell Live they just said something about that Megan was taken away in a police car. This article says that Patricia told One News that Megan was arrested (I have no idea if it is true or not): Lion Man's sister arrested after Zion sale - National - NZ Herald News
The sister of Lion Man Craig Busch has been arrested at Zion Wildlife Gardens, her mother says.

Patricia Busch told One News her daughter Megan was arrested after she went to the troubled Northland wildlife park today following news the park had been sold by the receivers.

Ms Busch said her daughter had been issued with an instant trespass notice and was arrested on the basis of that.
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This is the article from One News: New Zion owners accused of 'dirty tactics' | NATIONAL News
31 January 2012

The new owners of Zion Wildlife Park are being accused of using "dirty tactics" in their takeover of the wildlife sanctuary.

The park's receivers, Colin McCloy and David Bridgman of PriceWaterhouseCoopers, said earlier this afternoon the park had been sold to Zion Wildlife Kingdom Ltd and that former owner, 'Lion Man' Craig Busch had been "engaged" to help with the running of the park.

Today receivers, police and MAF staff arrived at the park to tell Craig's mother, Patricia Busch, that the park had been sold and she had to leave the property.

Patricia claims her phone was cut off and her daughter, Megan, arrested for trespassing, in action which their lawyer Evgeny Orlov described as "highly improper".

"It also transpired the business had been sold to people associated with Craig Busch, which is something the receivers did not tell the court (at an earlier hearing)," he said.

"There is an injunction on Mr Busch and a hearing in February as to who owns the animals, and they're trying to get rid of that through the back door by trying to stop her (Patricia Busch) from having any control. I find that dirty tactics."

Orlov said he will be filing proceedings against the police over the arrest of Megan Busch and against the receivers for not saying they were selling the park to people associated with Craig.

New owners

Zion Wildlife Kingdom Limited's director, Beth McVerry, had used two Bengal Tiger cubs from the park as an attraction at an agricultural trade show she organised in 2006.

The company is registered to an address in Tauranga.

Zion Wildlife Gardens rose to fame through the Lion Man Television series, fronted by Busch, who opened Zion in 2002.

Patricia Busch took over in 2006 after she raised loans to help pay off growing debts and Craig's employment ended in 2008, sparking a long-running legal battle between the pair.

The park went into liquidation in August last year after an application to liquidate was made by Inland Revenue with lawyer Phil Smith claiming that Zion owes more than $100,000 in taxes.

There had been concerns that the 36 rare big cats that lived at the park would have to be put down as a buyer was sought for the park, but these fears have been allayed by the receivers.

"The welfare of the wildlife at Zion has always been a priority for the receivers and we're pleased to announce the completion of the sale and purchase agreement which enables the wildlife to remain at the park," receiver Colin McCloy said.

The receivers said the details of the deal are commercially sensitive and they could not give any more information, other than to say the keys of the park now lie with the new owners.

Staff at the park were told of the sale this morning and have been stood down on full pay. The new owners will now take control of employment issues.
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the video for the One News item is here: http://tvnz.co.nz/national-news/new-zion-owners-accused-dirty-tactics-4708317/video
 
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