SH88 realignment: decision to Environment Court?

Updated Post 3.9.13 at 1:30pm

SH88 realignment [ODT Graphic]### ODT Online Mon, 2 Sep 2013
Decision on SH88 looms
By Debbie Porteous
The Dunedin City Council has until Friday to determine whether it will make a decision on the controversial designation of land for the realignment of State Highway 88 near Dunedin’s Forsyth Barr Stadium – or hand the responsibility for the decision to the Environment Court.
To opt for the latter would be a first for the council, which is both the authority requesting the land be designated, and the authority that would require it to be designated. It publicly notified the requirement for the land last month, after a previous non-notified designation was quashed by the court following the council’s admission it had not followed the proper consultation process. The new road has been built, but final measures including traffic lights have been in limbo while the designation issue is resolved.

Mr Hall has already indicated publicly he would ”fight” the proposed designation as notified because it still did not provide safe access to his property.

Doug Hall 1One of the affected landowners, Doug Hall, who is running for the DCC, took the council to court to argue the original designation was illegal because he was not notified as an affected party, and sought an injunction stopping the traffic lights from being switched on until the resolution of safety issues at that intersection and around access to his property as a result of the realigned road. Affected parties, including Mr Hall, were consulted on the new designation late last year, and again earlier this year after the notification of the requirement was delayed while negotiations with Mr Hall continued.
The council had received 13 submissions by Friday, the end of the submission period. Submitters included the University of Otago, Port Otago Ltd, the NZ Transport Agency, the Otago Regional Council and several heavy transport companies among others, but not Mr Hall, or his representatives.
Read more

ODT Correction 3.9.13 (page 3):

Submissions from companies owned by Doug Hall, one of the parties affected by the realignment of State Highway 88 in Dunedin, were received by the Dunedin City Council within the statutory timeframe and will be included in the process for designating the land for realignment. The submissions from Anzide Properties Ltd, Hall Brothers Transport Ltd, and Dunedin Crane Hire (2005) Ltd were received by deadline on Friday, but were not processed until yesterday.

Related Posts and Comments:
3.8.13 SH88 notice of requirement [more maps]
30.4.13 DCC governance = management ?
20.11.12 DCC vs Anzide Properties decision: The road “has no legal basis”
27.5.12 SH88 realignment – information
25.5.12 SH88 realignment costs (injunction)
27.2.12 Bringing DCC, related entities and individuals to account…
23.8.11 Stadium project tangles
4.11.10 SH88 realignment for stadium disrupts traffic
21.7.10 SH88 realignment – update
7.7.10 Goodbye to great store buildings in Parry St
21.4.10 SH88 realignment – update
31.3.10 SH88 realignment
24.2.10 SH88 realignment: Are ratepayers buying the land twice?
20.11.09 Interesting. SH88 realignment.
2.9.09 SH88 realignment past stadium

Posted by Elizabeth Kerr

45 Comments

Filed under Business, Construction, CST, DCC, Democracy, Design, Economics, Geography, Media, Name, New Zealand, People, Pics, Politics, Project management, Property, Site, Sport, Stadiums, Town planning, Urban design, What stadium

45 responses to “SH88 realignment: decision to Environment Court?

  1. John P.Evans, council nominee

    A number of observations

    ● The DCC with 750 staff can still not do the job for which they are employed
    ● It is clear that this roading plan like the proliferation of traffic lights is a huge mistake. Will the planners responsible and the councillors responsible fall on their collective swords?
    ● How much more will the council spend on consultants and lawyers to pursue this failed policy?
    Whatever, it is Ratepayers who will foot the extra bills, not the planners, councillors or lawyers.

    If the council go ahead with the new crackpot roading plan, costs of justifying another disaster will again devolve on the poor and in many cases unsuspecting ratepayers. The city of Dunedin encompasses Waikouaiti, Middlemarch and a huge area not served by public transport. Dunedin is also the commercial area for the whole of Otago. How can they seriously consider policies eliminating the car?
    It has been often said that if you continue with the same failed policies you will get the same failed results. Will the DCC ever learn?

    • John, look hard at Tony Avery and City Property, plus the likes of Mike Coburn with his various hats, who along with others attempted to short circuit the designation process for the highway realignment as well as stiff and shortchange private landowners, hoping no-one would notice the illegal road. All in the rush to get the stadium ready for RWC 2011.

      • Updated post at top of thread concerning the correction printed by ODT today (page 3) regarding formal submissions City Planning has received from companies owned by Doug Hall.

      • Dunedin City Council – Media Release

        Road Designation Referred to Environment Court

        This item was published on 06 Sep 2013.

        The designation process for parts of the Dunedin Harbourside Arterial road between Anzac Avenue and the Forsyth Barr Stadium has been referred directly to the Environment Court.
        Dunedin City Council Chief Executive Paul Orders decided yesterday a decision on the application should be made by the Environment Court instead of the DCC.
        The reasons for the decision are:

        ● The designation has been publicly notified and there are submissions in opposition.
        ● Changes to the Resource Management Act now mean designation applications can be considered directly by the Environment Court, rather than having to go through a Council hearing and then an appeal to the Environment Court.
        ● This application has a long history of litigation and it seems inevitable an Environment Court hearing will be necessary.
        ● For all parties involved, it is more efficient and timely to have the Environment Court consider this matter directly, rather than await the outcome of an independent commissioner’s decision which is then likely to be appealed.

        DCC City Development Senior Planner Paul Freeland says this is the first time the DCC has directly referred a matter to the Environment Court. This is partly due to the RMA changes.
        The DCC will notify all submitters of the decision.
        Mr Freeland says the next step is for an independent planning consultant to prepare a recommending report within 20 working days of the decision and provide it to every submitter. The DCC then has 10 working days to decide whether it still wants to proceed to the Environment Court.

        “If we feel the situation has changed through discussions with submitters, or through other factors, then the DCC still has the opportunity to hold a hearing and make a decision and see whether that decision is appealed.”

        If the DCC proceeds with the direct referral to the Environment Court, then usual appeal processes apply.
        Last month, the DCC lodged a Notice of Requirement to start the designation process afresh. The Notice of Requirement is a formal process to have land designated as road.
        Temporary traffic controls have been in place since the new section of road was opened, while the DCC negotiated with an adjacent landowner over access arrangements.
        If the designation is approved, the road will form part of the State Highway 88 network.

        Contact City Development Senior Planner on 477 4000.

        DCC Link

        ### ODT Online Sat, 7 Sep 2013
        Environment Court asked for designation
        By Debbie Porteous
        The likelihood of an appeal has prompted the Dunedin City Council to send a fresh application to have land designated for a troubled urban highway realignment straight to the Environment Court.
        There is, however, still one more opportunity for the council to decide to keep the decision in-house […] an independent planning consultant would prepare a recommending report within 20 working days and provide it to every submitter. The council then had 10 working days to decide whether it still wanted to proceed to the Environment Court.
        Until the designation is completed, the road is not legal. The council publicly notified its application for the designation afresh last month.
        Read more

  2. I suspect that before another approach is made to the Environment Court it would be much wiser to solve the ‘impasse’ between the DCC and Doug Hall. It is solvable if only the two parties had the resolve. I suspect that some folk within the DCC are sitting on their high horses, unable to concede the ‘cock up’ was their doing in the first place. It is a common feature of bureaucrats, they see themselves as above the ‘motley’. In this instance, I think Doug Hall might have the last laugh.

  3. Anonymous

    If a roof falls off a building which was purchased to smooth the development of an illegal road, who has the liability?

    http://www.odt.co.nz/news/dunedin/272698/act-god-says-council

    • Good question. Worse is the lack of goodwill shown to the car owners. Time for a statement from chief executive Paul Orders. I hope the affected parties and their insurance companies don’t let go of this one too soon, and considering the status of the assets in question, indeed!

      • Pointed comment at ODT Online.

        More questions
        Submitted by farsighted on Thu, 12/09/2013 – 7:29am.

        Why does the DCC own the property at 20 Parry St?

        When was that transaction conducted?

        Was that transaction made in relation to SH88 re-alignment?

        Where is the sale/purchase agreement?

        From whom was the property purchased?

        Is it freehold property or leasehold?

        If the latter, what is the ground rent annually?

        Then go back and ask the same questions about 56 Parry St.

        [ends]

        • ### ODT Online Fri, 13 Sep 2013
          DCC assessors looking at claims
          By Rosie Manins
          Dunedin City Council insurance agents are assessing claims of damage to vehicles hit by building debris blown off a council-owned building. Half a dozen vehicles parked in Parry St on Tuesday were dented and scratched by sheets of metal and other material blown off the SRS Dunedin building at 20 Parry St during strong wind gusts. Ravensbourne resident Uli Ludemann and another vehicle owner were initially told by the council the damage to their vehicles resulted from an act of God and the council’s insurance would not cover the cost of repairs. But yesterday, they were contacted by council staff and told their cases would be assessed under the council’s insurance criteria.
          [A council] spokesman said the building at 20 Parry St was being assessed by engineers following it being damaged by Tuesday’s wind. Before Tuesday, the council was happy with the state of the building. It complied with the Building Code and did not have any structural problems, as far as the council was aware.
          Read more

  4. John P.Evans, council nominee

    Parking
    On TV3, John Campbell, just showed some lovely ladies from Flight Centre travel company (they deserve a plug) who were paying parking meter fees in a carpark in Nelson. On a Tuesday the park is full and free and when parking fees apply the park is not so the entrepeneurial girls decided to assist to the best of their purses. The Richmond supermarket carpark is free and always full.

    It does not take a rocket scientist to figure out whether Nelson or Tasman (Richmond) councils support business and jobs or scatterbrained schemes such as we have in Dunedin which scare customers, visitors and locals out of the city. When will we wake up?

  5. [complete aside]
    ### ODT Online Fri, 6 Dec 2013
    Resurfacing along SH88
    A $300,000 project to resurface State Highway 88 between Dunedin and Ravensbourne is due to begin tomorrow and finish by December 18.
    Read more

  6. Dunedin Mayor Dave Cull says the bill is another negative outcome of rushing Forsyth Barr Stadium into existence – the road in dispute had to be realigned around the new stadium in time for the 2011 Rugby World Cup – and while it is an ”unfortunate tangle” it cannot now be undone.

    ### ODT Online Thu, 30 Jan 2014
    Realignment dispute bill likely to top $1m
    By Debbie Porteous
    The ratepayer bill for a dispute between the Dunedin City Council and one of its city councillors is set to pass $1 million. And the cost of the long-running dispute with Dunedin businessman and new councillor Doug Hall will climb further with an Environment Court hearing to be held later this year, and potentially even higher if the council has to pay a settlement after that.
    Read more

    • Reporter

      Dismantle the traffic lights and allow the intersection to operate as it is now. It works tick tock.
      The bureaucrats continue to cover the walls with glue.

  7. Hearing on SH88 issue deferred
    It appears the Dunedin City Council has avoided a date in court with one of its councillors, for the time being at least. An announcement on a possible way forward on the State Highway 88 realignment argument, that has left traffic lights at the central city intersection of Frederick St and Anzac Ave mothballed for several years, is expected this week.
    http://www.odt.co.nz/news/dunedin/302318/hearing-sh88-issue-deferred

  8. █ Check out news at Emerson’s Brewery #Facebook page.

    Hall’s yard…
    Richard and Co. have the bit between their teeth.
    Large manufacturing plant planned.

    More in tomorrow’s ODT.

  9. Brewery deal may settle dispute
    Emerson’s Brewery is set to buy adjoining properties owned by the Dunedin City Council and Cr Doug Hall – and could then spend about $6 million developing a brewery there.
    http://www.odt.co.nz/news/dunedin/302508/brewery-deal-may-settle-dispute

  10. Elizabeth

    Cr Lee Vandervis recognised six months in that the dispute was going to continue and urged staff then to buy barriers.

    ### ODT Online Mon, 7 Jul 2014
    Traffic control costs ‘utter lunacy’
    By Debbie Porteous
    The $100,000 cost to date for traffic barriers and signs at the corner of Anzac Ave and Frederick St is lunacy, a Dunedin city councillor says.
    The barriers and signs were erected in 2012 after State Highway 88 was realigned around Forsyth Barr Stadium, affecting access to the yard of Hall Bros Transport.
    Read more

  11. Elizabeth

    ### ODT Online Tue, 30 Sep 2014
    Dispute may be settled next week
    By Debbie Porteous
    A decision on the future of the Hall Bros Transport depot in Anzac Ave, in Dunedin, is expected next week. Lion Breweries has been doing due diligence on the site since May and after extending the deadline once, is expected to make a decision on buying it by October 8.
    Read more

    • Elizabeth

      ### dunedintv.co.nz October 1, 2014 – 5:53pm
      Long-running Anzac Avenue dispute may soon be resolved
      A long-running dispute over the future of the Hall Bros Transport depot in Anzac Avenue may soon be resolved.
      Video

  12. Elizabeth

    ### dunedintv.co.nz October 2, 2014 – 5:50pm
    Dunedin manufacturing sector takes another hit
    Dunedin has been dealt another blow to its manufacturing sector. A restructuring at the city’s Donaghys factory could mean the loss of up to 30 jobs. It’s a shock to staff, particularly after the factory expanded its operations last year.
    Video

  13. Elizabeth

    ### dunedintv.co.nz October 20, 2014 – 7:22pm
    Emerson’s Brewery gets new premises
    There has been a resolution in the long-running dispute over the Hall Bros Transport depot in Anzac Avenue.
    Video

  14. Peter

    It would be good if Emerson’s design a building with at least some style and not be totally functional looking. Especially being alongside that lovely treed avenue. The site has been an eyesore for too long.

  15. Elizabeth

    ### ODT Online Tue, 21 Oct 2014
    Brewery’s big plans revealed
    By Vaughan Elder
    An expanding Emerson’s Brewery is set to become a ”world-class” tourist destination now an agreement has been reached to buy a new site. The development – expected to cost in the millions – will be open for tours and house a new brewery, warehousing, retail store plus a bar and restaurant.
    Read more

  16. Reporter

    Why have we got traffic lights being installed at this intersection? The whole thing goes tick tock as is. Take them out and leave things as they are.
    Just another example of bureaucratic justification about the size and importance of their particular department. Have you noticed that this year’s traffic light budget has been expended? Not by installing lights at intersections, we long ago ran out of intersections that require necessary traffic light control and hence the department have been erecting them in very marginal places Helenburgh Road, Kaikorai Valley Road, Albany Street, Howe Street etc. No this year in order to maintain their positions, salaries, staff numbers they have now installed arrows on existing sets of lights. This, they will say, to control cars running over pedestrians. “If we don’t install these arrows then pedestrians will die!!” .
    The arrow installations actually will create a lot of work. Design, costings, tendering, supervision, software etc. Just another example of making up jobs to allow the organisation to grow all premised on the Precautionary Principle.

  17. Mick

    Reporter. Well I could have written that. The one on Highgate is a classic example – never goes red – always green. A sublime comment on the colour of the political motives that seem to lie behind it.

  18. Peter

    Funny you should say that, Mick. I have noticed the same about the Highgate lights, except maybe they are adjusted at school peak times to go red as well as green?
    This begs the question about road crossing patrols, which presumably do not happen now. A shame really, if this is the case, as they are an opportunity for school parents to become involved in their school community. Maybe they are too busy now to do this kind of school stuff for their kids?

    • Anon

      The Highgate lights are instead of the crossing and only go red when a person pushes the button. The crossing is still manned by parents before and after school. As a former parent crossing guard there I was thrilled to see those lights put in. We all saw many near misses there with drivers driving straight through the patrol when kids were crossing. I dreaded getting the morning shift there, as some drivers would speed past on their big 3 minute commutes, oblivious to the young kids and the orange vested guard. They would slow down the days when a parent police officer was in charge though.

  19. Mick

    Hi Peter
    Well of course there has got to be some time that pedestrians will push a button to get a red for the traffic but I think that ‘Reporter’ was concerned with the budget priorities of the D.C.C. and the obvious ‘control freakery’ of an over zealous and over budgeted Transportation Planning Department’s propensity to erect traffic lights on any excuse they can find. This all at the ratepayer’s expense. There are of course still in operation the teacher controlled crossings for school pupils but Highgate has light traffic volumes for most of the day. As ‘Reporter’ says – the Precautionary Principle’ rules. God help us. Say no more.

  20. Calvin Oaten

    Mick and Reporter, the staff have to fill in their time until the really big uptick is ready to implement. This is the cycleways. Once they are firmly decided upon re routes, and the new lights incorporating little cyclists, arrows etc, arrive watch them sprout. The city will look like it has permanent Xmas decorations. That can’t be bad. Can it?

    • Mick

      Calvin
      Well of course, silly me, everyone likes Christmas trees – well maybe it’s only those ISIS people who might have other views about Christmas.

  21. Elizabeth

    In tomorrow’s newspaper, Doug Hall not happy with Dunedin City Council over the saga of his land and is seeking compensation.

  22. Hype O'Thermia

    He did get mightily jerked around and it must have taken a great many of his hours dealing with the drongos, on top of the additional costs to his business of the inconvenience they caused. He’ll get flamed for being a councillor + asking for “ratepayers’ money” when the city is so broke, just watch the ODT online comments!
    I’m not happy about him getting a large payout – unhappy because if an assortment of people had used their brains they wouldn’t have created such a thorough SNAFU thereby landing us with extra expenditure to fix *their* mess.
    Would Farry or Edgar or Hagaman or (add other names yourself, I’ve got other jobs to get on with) go “Oh never mind, I’ll forgive you for all the expense and strife you caused me because I realise the City is deep in debt”?
    Don’t make me laugh, I got a cracked lip.

  23. Elizabeth

    ### ODT Online Thu, 23 Oct 2014
    ‘I’ve got a case for damages’ – Hall
    By Chris Morris
    Dunedin city councillor Doug Hall is threatening to take on the Dunedin City Council again, this time in a fight for more than $1 million in legal costs. The warning from Cr Hall came as he criticised the behaviour of some council staff during the long-running dispute over the realignment of State Highway 88.
    Read more

  24. Anonymous

    A little bird reports:

    “Staff member X had nothing to do with this matter”
    “Staff member X swore an affidavit detailing his full involvement in this matter”

    There’s more. There’s much, much more.

  25. Elizabeth

    My full commiserations to Mr Hall, of course.

    And, “Oh goodie”. Love contradictions and the contrary.

  26. Elizabeth

    ### ODT Online Fri, 24 Oct 2014
    SH88 neighbour reflects on ‘hell’
    By Chris Morris
    Dunedin businessman Kevin Sullivan says he is $30,000 out of pocket thanks to the Dunedin City Council. Mr Sullivan, the manager of coal merchant AJ Allen, is the other business owner caught up in the long-running dispute over the realignment of State Highway 88.
    Read more

    ****

    ### ODT Online Fri, 24 Oct 2014
    Settlement not ruled out
    By Chris Morris
    The Dunedin City Council’s bill from the State Highway 88 dispute has jumped by almost $89,000, and the council is refusing to rule out adding a settlement with Cr Doug Hall to the bill. Council staff yesterday confirmed the cost to ratepayers from the long-running dispute now stood at $658,696, up from the previous figure of about $570,000.
    Read more

  27. Elizabeth

    Anzac Ave intersection lights to be turned on

    This item was published on 18 Nov 2014

    The Environment Court has approved the designation for the section of State Highway 88 near Anzac Avenue.

    Dunedin City Council General Manager Infrastructure and Networks Tony Avery says the new section of SH88 has been in use for more than three years, but has not been legally designated as road until now.
    Following last month’s sale of land by Doug Hall, the adjacent landowner, all the parties, including new landowner Emerson’s, agreed by memorandum to the designation as proposed.
    That section of State Highway 88 was realigned as part of construction of the Forsyth Barr Stadium. Temporary traffic controls have been in place since the new section of road near Anzac Avenue opened in July 2011 while the DCC negotiated with Mr Hall over access arrangements.
    The temporary traffic controls will remain in place, for safety reasons, until Emerson’s takes ownership of the site. The Ward Street overbridge ramp will be opened and the new traffic lights at the intersection of Anzac Avenue and Frederick Street will be activated on or about Monday, 15 December.
    Mr Avery says it is pleasing the issue has been resolved.

    “Our view has always been that the road and intersection would work well for all road users and it will be good to finally have the lights turned on, the Ward Street ramp operational and the intersection functioning as it was intended to.”

    Contact General Manager Infrastructure and Networks on 477 4000.

    DCC Link

  28. Over three years with no lights and not a bleat out of the driving public. As far as I know no incidents either. Question; apart from satisfying the constant urge to control, why not just leave the damn things off. Better still, sell them to some other bunch of ‘muddlers’ in another city.

    • Reporter

      Bang on Calvin.
      Blind Freddy can see the sense in your suggestion. The problem was always the closed ramp to Ward Street. As it turns out this part of the road is not required to allow the industrial area to function satisfactorily.
      Shame we had to spend $400k on lights and God knows how much on traffic control, legal bills, compensation, bureaucratic wages et al.
      Shocking really and yet these leeches do not break their stride as they dream up other unnecessary imposts so that they may keep their high paying jobs, enjoying “kudos” of managing large staffs and other self serving reasons for their blood sucking ways.
      Leave us in peace. We don’t need your totalitarian “usurped governance” of our lives.

  29. Elizabeth

    This must be the er ‘highlight’ of Mr Avery’s responsibility to the Stadium/SH88 Realignment Rort, as it might be termed, that the DCC Property Subcommittee and local lads treated like the proverbial piss in the bucket. Or do we believe there was innocence and ever so much more light —care of Syd Brown, Mike Coburn, the insider knowledge of McLocklin’ and Hagaboy, and friends.

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