Council meeting – Otago Community Trust donation requirements

Below ODT on consents for the Awatea Street site…

Dunedin City Council meets on Tuesday 2 June 2008, Council Chamber, Municipal Chambers, at 10am.

Agenda – Council – 02/06/2009 (PDF, 16.9 kb, new window)

Note agenda item 5:
Report from the General Manager Finance and Corporate Support (Athol Stephens).
Refer to pages 5.1 – 5.4.


Report – Council – 02/06/2009 (PDF, 123.7 kb, new window)
Compliance with Otago Community Trust Donation Requirements

In a letter from the Otago Community Trust dated 12 February 2009, the donation towards the Otago Stadium project was confirmed at $7 million under terms and conditions. Since then, Dunedin City Council has progressively met all of those terms and conditions, except for one, which is to be dealt with at this meeting. That condition is that, “at a properly convened meeting of Dunedin City Council it was resolved to accept the donation and its attaching terms and conditions”. This report recommends acceptance of the terms and conditions in accordance with the letter of 12 February 2009.

That Dunedin City Council accepts the donation from the Otago Community Trust under the terms and conditions specified in its letter of 12 February 2009.

There remain a number of aspects of the terms of the donation which, following discussion with the Otago Community Trust, may be agreed by exchanges of correspondence, taking a reasonable approach. For example, the drawdown of instalment one is specified as the date that construction commences. Technically, construction has already commenced but it is not clear, on the face of the letter, exactly what the Otago Community Trust has in mind. The intention is to discuss that with them. Similarly, a reasonable agreement needs to be achieved on the agreed milestones for instalments two and three.

We are also required to provide information, some of which confirms material previously provided to them.

We will also need to indicate the extent to which we consider that the Appeal Court hearing represents a threat to the project and the extent to which the Regional Council hearing in the High Court on 4 June 2009 may be a threat.

Finally, the Otago Community Trust expressed a wish to have placed before them an actual resolution indicating acceptance of the donation and its terms and conditions.

The recommendation in this report gives effect to that request. Passage of that resolution will enable the Mayor to sign the Otago Community Trust’s document. That document, along with the further information required in paragraph four, will then be returned to the Otago Community Trust.


A copy of the Otago Community Trust’s letter (12 February 2009) setting out the conditions for the grant is attached to the report. The conditions are:

* All contracts, consents, authorisations and legal approvals being in place to enable the Project to be completed;
* The Council committing to proceeding with and completing the Project;
* The stadium being built substantially in accordance with the specifications and in accordance with all legal requirements;
* The Council having the requisite jurisdictional power to proceed with the stadium.


### ODT Online Sat, 30 May 2009
DCC set to accept $7m from trust
By David Loughrey

Asked how the council had met the condition on consents when some of those were yet to be granted, Mr Stephens said resource consent was effectively approved for the project when a hearings committee approved a district-plan change to allow a stadium zone at the Awatea St site earlier this year. Building consents had yet to be issued, but the trust was “not really worried about those”.
Read more

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