Nightcap Village Tribal Experience

If you’re tired of being trapped in the matrix, ready for a life-change and imagine happy families sharing, caring and growing veggies in harmonious community surrounded by spectacular vistas, if you are all cashed up and a bit credulous, then there are sacred natives spinning a dream and open arms eager to embrace your life savings in a land-share scheme at Mt Burrell, NSW, where Australian sovereignty activists are selling tribal title to dwelling sites on properties they don't own, in a prospective venture called Nightcap Rural Land-sharing Communities. 

3222 Kyogle Rd, Mt Burrell - gifted to Aboriginal tribe

Co-directors Mark McMurtrie and Derek Zillman

Mark McMurtrie    

Aspiring developers first began soliciting funds to purchase land in 2014, for an intentional community called "Bhula Bhula Village Community". Since 2017, Mark McMurtrie, aka "Gunham Badi Jakamara" has occupied the properties at 3220-3222 Kyogle Rd, Mt Burrell, that were purchased with investors' funds in 2015.

Currently controlling the venture, Sydney-based finance broker Derek Zillman and sovereignty activist Mark McMurtrie are co-directors of the company Yidaki Developments Pty Ltd. The sole shareholder in Yidaki Developments is Yidaki Capital Pty Ltd.

Mark McMurtrie has "gifted" the properties to some members of the coastal Minjungbal Tribe. McMurtrie claims "tribal ownership" of the properties and says he intends to extend similar aboriginal land claims across Australia. 

Co-director Derek Zillman 

In Nightcap's promotional video, co-director Derek Zillman says "everything is ironclad" under a "rural land-sharing scheme": 

"The entire community owns everything and we will have a primary coupling, which is the enterprise Yidaki Pty Ltd that will own all of those landholding entities - and they are the ones progressing the approval. And then people buy shares within that company."

Zillman's explanation is a confusing communitarian sleight of hand -- he says that the "community" owns the landholding entities, which will be owned by the company owned by himself and Mark McMurtrie. Zillman doesn't clarify that the prospective developers don't actually own the 3,500 acres and other assets on offer. Neither does Zillman warn that under current zoning restrictions, community land-sharing is not a permissible use of the property. 

Nightcap Village: the Phoenix in Flight

The phoenixing of companies for private profit is inspired by the fabulous phoenix bird. According to legend, when this bird's life draws to a close she builds a funeral pyre, commits to the flames and dies on the fiery altar. Out of self-immolation a new phoenix emerges like an eagle with feathers of red and gold.

In modern commerce the phoenix bird is iconic, inspiring businesses burned by debts to rise from the ashes of destruction and continue trading under a different name, leaving their creditors behind. 

In a 2018 case before Qld Federal Court - Staatz v Berry - two defendants, aggrieved creditors whose evidence was suppressed, alleged that phoenixing of the company Wollumbin Horizons Pty Ltd was facilitated by Vincents' liquidator Steven Staatz to divest liability to creditors. 

Fourteen creditors requesting joinder as proposed cross-claimants in the Federal Court case, were not allowed to proceed by Judge Derrington. The creditors' cross-claim was suppressed when they warned of phoenixing in process, with land title expected to fly from the liquidated company to a related company continuing the same business of selling dwelling sites on rural properties without development consent.

The company in liquidation owns property that is advertised as part of a proposed land-share development. With marketing by Richard Moate as "Nightcap Realty", the venture is run by sovereignty activists who have "gifted" the land to a "sacred" aboriginal tribe. Aborigines have occupied the property since 2017 and now claim tribal ownership.

In September 2020, a notice from receiver Steven Staatz informed creditors and interested persons who are waiting with hands outstretched to receive a crumb from sale of the property, that the purchaser was unable to complete the sale. An additional deposit of $100,000 was paid and the purchaser is allowed until October 19 to seal the deal. 

3222 Kyogle Rd, Mt Burrell

Development Application for Nightcap Village Refused

Tweed Shire Council voted on September 17, 2020, to reject a request for permission to upgrade road access to a proposed land-share development of 867 dwellings on three properties at Mt Burrell, NSW. It was resolved not to grant consent for any works within the Council owned road reserve. 

Council also resolved that no further application by Nightcap Rural Land-sharing Communities for development approval would be permitted.

Each dot on the concept plan represents a proposed residence. The developers have been marketing the venture under various names since 2014. The prospective land-share venture is currently advertised as "Nightcap on Minjungbal" and "Nightcap Village" or "Nightcap Rural Land-sharing Communities". 

The request by Nightcap Rural Land-sharing Communities was only for Stage 1 of the prospective development, to upgrade access from Kyogle Road to nine proposed "Rural Land Sharing Communities" with 393 proposed dwellings. Two more access roads were planned, with further associated road works, earthworks and vegetation removal over 11 stages.

Tweed Council's discussion of the request was confidential and video and phone links to the meeting were cut off. Minutes of the vote remain confidential and the outcome has not yet been made public.

 Click HERE to read Tweed Shire Council Report

Potential investors are offered title to "Pre-DA Dwelling Sites" under false assurance that limited development approval has already been granted and will soon be extended.

In a June 2020 Nightcap newsletter  Richard Moate wrote:

"Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots."

Concept Plan for Nightcap Village

 

Living in a Nightmare

Local legend says that after a brutal massacre by whitefella, Aborigines sang curses into land where Peter van Lieshout, brother of A-Mart billionaire John van Lieshout, has been trying unsuccessfully to build a "Village Community" for the last thirteen years.

Now linked in the proposed "Nightcap Village" development is a neighbouring property where more than twenty trusting investors provided over $2 million for purchase of properties in 2014-16, without receiving consideration or restitution. For those who lost life-savings in the venture, the hurt and harm is curse enough to add flame to legend.

Mingungbal elders occupy 3222 Kyogle Rd, Mt Burrell

Marketing materials for Nightcap Village promote a "new paradigm" that returns "sacred land" to "sacred" aborigines, who are occupying the Mt Burrell properties and claim to be "true owners".

Sharing a local brew as they dream about a safe haven from the madness of the matrix, prospective new investors are welcomed by Minjungbal elders and offered share certificates with "tribal title" to a block of land, for just a small deposit of $100,000. "Vendor finance" for the next seven years is available.

"Tribal title" on sale

Prospective investors are given a tour and enjoy scenic vistas as they are encouraged to imagine their dreams come true in a secret sacred Eden.

Promotors of the communitarian venture don't mention ongoing litigation by creditors claiming land title is void.

Hopeful, enthusiastic new buyers hear nothing about the nightmares and hidden curses afflicting earlier investors: the suppressed stories of bank accounts drained empty, hopes turned to ashes and dreams that became dust after the bait was bitten. 

Mark McMurtrie, Richard Moate market tribal title

In response to concerns that the original investors got shafted, potential new funders are assured that angry creditors have been "taken care of": their money was returned, or they will get a payment soon, or they don't want their life savings back, or they are just barking mad and like to fight.

A few of the early investors who are "accepted" have been invited to return in 2020, to occupy a "dwelling site". Others still trust promises of restitution, hoping to receive a patch of land to live on, or a payout in compensation for their loss. Concerned investors who from the outset insisted on accountability were "rejected" and evicted from the properties they had paid for.

 

Max Igan promotes Nightcap

Trauma and conflict still haunt investors who poured their hearts and funds into the land-share venture and lost everything. Most have given up hope of any restitution. Those seeking vindication through legal process have been threatened with retaliation for "holding up the project".

"Living in a Nightmare" was the apt title of a news report in the local Tweed Coast News in 2017, featuring Sarah and Tamati Kirkwood who promoted the venture in 2014-15. They are just one of the families who invested life savings in this venture and received nothing in exchange except betrayal, loss and intimidation.

Tweed Daily News: "Living in a Nightmare"

Nightcap on Minjungbal marketing "Sacred Land"

Nightcap Village is offering a special deal on "Sacred". Dwelling sites on Mt Burrell properties are marketed with a new website by "sacred people" offering "sacred solutions for these sacred times" on "sacred land".

For those who were lured into the incipient venture from 2014-2017, this supposed sacred land has certainly left many people running scared. 

A promotional video published online by Nightcap Realty is selling a lifestyle dream with a social justice vision and a reverential greeting, "Welcome to Country!"

Sacred Aborigines from the Minjungbal tribe now occupy property at 3222 Kyogle Rd, Mt Burrell.

Even before receiving development approval, Nightcap Realty is selling a total of 867 dwelling sites in the prospective Village Community, also called "Nightcap on Minjungbal," in collaboration with the aboriginal Minjungbal tribe. 

No DA application for Nightcap on Minjungbal has yet been accepted by Tweed Shire Council Nightcap Village as compliant, yet Nightcap marketing information states: 

"Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1 million dollars was spent on the DA submission of last month, taking the project to over 850 spots."

Blocks are offered at $295,000 each with "Tribal Title" and special discounts. Each dot on the concept plan represents a proposed residence.

Nightcap Village Concept Plan, 2019

Nightcap Realty Promotional Video

In June 2020, Nightcap Realty distributed a video presented by Mark McMurtrie (Gunham Badi) and marketing manager Richard Moate. They have been adopted into a Minjungbal Tribe that claims an original inheritance of land from early inhabitants of the Tweed Valley.

"It's available to everyone within price point."

The promotional video says the Minjungbal Tribe are happy with the land-share scheme, and want the 3,500 acre venture to be a staging point for expansion in the rest of the country. They propose that the tribal venture should be recognised as an Aboriginal Sovereign Nation and extended across Australia.

Nightcap Realty Promotional Video, June 2020

"Part of living here is.. you buy in, you buy a block"

Tribal Title on Sale

Promotors elevate the potentially lucrative venture to presumed higher virtues: communitarian wealth-sharing, and the proposed return of "Country" to Aborigines, based on a belief that they should be recognised as the "true owners" of all Australian territory. 

Mark McMurtrie claims tribal ownership of Mt Burrell properties

The supposed indigenous autonomous zone appears similar in concept to the 6-block land-grab called Chapel Hill Autonomous Zone, "CHAZ" that morphed into "CHOP" before it was removed in July 2020 from downtown Seattle, USA.

In the Nightcap Realty promotional video, it is proposed that "within price point" investors of any nationality could buy into the Sovereign Minjungbal Nation, become "Community Members" and receive dual citizenship.

Nightcap Village Community Rules establishing enforceable private laws, and guidelines providing protocols for submissive deference to Aborigines are included in the marketing package.

A sacred Minjungbal Elder is introduced to new investors by Richard Moate

No compliant development application has been submitted to Tweed Shire Council since the venture began in 2014, even so, a Nightcap Village Newsletter published in June 2020 by Richard Moate, assures investors that approval already exists:

"As we approach the end of another financial year and are witnessing the unprecedented changes to our world, the Nightcap Village on Minjungbal continues to buck the trend with its ground-breaking collaboration with the Elders of this sacred space. 

Enormous gratitude and thanks to Gunham Badi Jakamarra of the Original Sovereign Tribal Federation and the Minjungbal Elders particularly Uncle Arty and Uncles Dean, Mark, Scotty & Jonno (amongst others) for sharing so much knowledge and wisdom throughout the journey. For the development team to be working alongside such learned individuals in ensuring that the land, the law, the sacred sites and the true owners are honoured and respected, is truly a privilege.

Most of you are aware of the existing DA approvals for 424 sites, and that over $2.1million dollars was spent on the DA submission of last month, taking the project to over 850 spots.

The team are now also extremely proud to announce the successful purchase on Friday of last week of a parcel of land of over 650 acres, further strengthening the future points of access for the Original owners and the community. Needless to say, there was some celebrating to be had both on Country and by members of our community around the world.

We have some exciting works in the pipeline, including not only one documentary already in production, but also the (long awaited) virtual tour of the land and our new and improved website.

We’ve attached a few images taken over the weekend for those of you yet to see the land. If you like our vision and haven’t already, please complete and return your questionnaire to rich@nightcaprealty.com so we can get to know each other. We hope to meet many more of you on Country next time."

"The Minjungbal people are happy..."