Category Archives: Resource management

Delta | Infinity | CCC staff collude to defeat Yaldhurst residents (again)

Yaldhurst Subdivision (former Noble Subdivision)

S T A T E ● O F ● P L A Y

Christchurch City Council is failing to ensure compliance with the subdivision consent and is then assisting the developer Noble/Delta – Infinity/Delta, to screw the Yaldhurst residents.

[click to enlarge]

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About five of the affected Yaldhurst residents gave deputations to the full meeting of the Christchurch City Council on Thursday, 6 July 2017.

Prior to the meeting, the Infinity Joint Venture of which Delta is a majority partner (with its $13m gift investment from Dunedin City Council) had convinced CCC staff to sway Christchurch City councillors to vote for the dedication of private roads as opposed to vesting ownership in the Council. This in the attempt to first defeat land covenants the affected residents have over the property registered in 2003 to protect their inclusion in any subdivision. However, Land Information New Zealand (LINZ) cannot accept roads vesting in ownership with the Council when there are any encumbrances on the land – such as the residents’ covenants.

For the residents, Colin Stokes, at the council meeting, distributed to councillors a review of what CCC staff have done over the years.

Of course, as the facts flow they continue to entwine around Delta.

The residents are fighting to protect and enforce their rights in the subdivision consent; and to halt Delta and their Southern associates’ onslaught against them.

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Received from Colin Stokes (Yaldhurst resident and caveator)
Wed, 12 Jul 2017 at 9:16 a.m.

Thanks for your ongoing support Elizabeth

Chris Hutching’s piece (The Press 10.7.17) is weak and void of facts that present our case.

● We have Land Covenants registered over all the land in 2003 to protect our inclusion in any subdivision – our specific Access Lot road has to be formed and vested to Christchurch City Council standards with CCC as a term of extinguishment of the covenants.
● The encumbrance on the land prevent vesting of roads as LINZ won’t allow roads to vest with the council with them on.
● Infinity/Delta behind closed doors with CCC staff came up with a scheme to dedicate the roads under old rules (not compliant with the RMA and the subdivision consent) so as to circumvent our covenant protection.
● The real story is that CCC is breaking rules and NOT requiring compliance with the subdivision consent so as to cheat the residents of their protection and their interests protected by that protection so as CCC and the developer can cut them out of the subdivision.
● CCC and the developer Noble/Delta – Infinity/Delta have taken conditions out of the consent, varied the consent, and permitted non-complying undersized infrastructure that makes our part of the subdivision impossible – specifically stormwater pipes and basins required on the lower lying developers’ land which is where the consent (and physical topography and site layout) requires our stormwater to go.
● CCC failing to enforce the conditions of the consent as the law requires means our Access Lot road cannot be formed, meaning we can not subdivide.
● Delta with the misuse of mortgagee powers passed the property to itself, or at least part of the property ($13.4m of an $18.35m “sale” = 73% of which $12.5m was left in the property in passing it to Infinity in the orchestrated “sale”).

[ends]

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Prepared Summary and Review with subdivision plans as tabled at Christchurch City Council’s meeting (6 July), to assist understanding:

███ D 2017 07 04 Summary and Review of Circumvention of Covenants for Councillors Yaldhurst (16 pages)

1 Plan RMA92009135

2 Plan RMA92009135 hlite

The coloured plan shows the residents’ Access Lot between green lines going from Yaldhurst Rd and then dog-legging east to west. What is inside the yellow border is what is within the Subdivision Consent (note there is an internal yellow small 2 sites that are NOT in the consent – and 3 other of the residents’ lots in common ownership on the NS leg are not included in the consent).

It is this east west leg of the Access Lot that requires widened roading to enable the Lots each side to be subdivided pursuant to:-
– 2002 Agreements for sale and purchase (and 2008 further agreement)
– 2003 Registered Land Covenant Protection [see Summary and Review, page 1 para 2 for terms of extinguishment]
– 2009 Subdivision Consent (Condition 5 and stormwater Conditions for it 9.) [see Summary and Review, page 5 para 12]

The problem is
– the Security Sharing Joint Venture (Noble/Delta/Gold Band) SSJV designed and constructed their part of the subdivision such that it made the East West Access Lot owners (residents) parts of the subdivision impossible AND that the Council permitted this.

– Undersized stormwater infrastructure was corruptly installed without consent to NOT include the residents’ subdivisions (all the while falsely assuring residents it did).

– The stormwater is required to be on land the residents transferred to the developer in return for this stormwater and other provisions. It is required to be there for numerous reasons including physical and legal reasons;
* Residents transferred the land in return for this provision
* 2003 Land Covenants protect this land for that provision (required for the Access Lot Road to be formed and vested)
* 2009 The Subdivision Consent requires it to be on the developers’ land (Condition 9.5 which “disappeared”) [see Summary and Review, page 5 para 12 and page 10 email 16 Feb 2010]
* Residents that are part of that subdivision consent have the legal rights to the stormwater (s134 RMA) – the Council is refusing to enforce the conditions of the consent; and permitted the developer to NOT comply with the conditions.
* Land topography and layout physically requires it to go there. The land slopes High NWest to SEast Low

– Delta went ahead and constructed the infrastructure without legal consent – [see Summary and Review, page 10 email 22 Aug 2012]
* This is akin to a builder building a house without consent.
* Council failed to issue an abatement notice for works being complete without consent, and to non-complying standards.

For all the Council staff failings, and the consent holders and JV partners’ failings and corruption of making the residents parts of the subdivision impossible:-
– Delta/Infinity and Council staff are recommending to the Elected Council to vote to circumvent the residents’ Land Covenants so:-
* the residents roading and subdivisions will no longer be protected and will be impossible;
* the JV Infinity/Delta will make more profit by not having to comply with the conditions of the consent that requires the residents’ roading and inclusion (as above)
* Council staff “mistakes” and wrongdoing of permitting non-complying works and not enforcing the conditions of the consent (as required by law) will be covered up.

– Delta and DCC was the facilitator of transferring the property from the Delta/Gold Band/Noble Joint Venture to the Delta/Infinity Joint Venture.
– Delta (illegally) owned 67.5% of the 1st mortgage and controlled Gold Band through their Security Sharing JV.
– Delta’s assurances it had nothing to do with the mortgagee sale is a lie.
– Delta refused to allow Gold Band to accept offers to redeem the 1st mortgage (illegal under s102 & s103 Property Law Act).
– DCC refused to allow redemption of the 1st mortgage.
– DCC (and Delta) refused to accept assignment of the 1st mortgage when Colin Stokes and another (as parties with interests in the land entitled to redeem) offered it to them
* had they done, Delta could have registered about an additional $16m in agreements to mortgage they were sitting on
* all that was required in return was “our little road” which is a LEGAL REQUIREMENT of the subdivision consent in any event.

[ends]

As reported by The Press, the eight-year dispute involving the stalled Yaldhurst subdivision has now gone to mediation between the property owners and the developers.
The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing.

Related Post and Comments:
11.7.17 Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Delta has deep fingers into 8-year subdivision dispute at Yaldhurst

Blind Justice (detail) by Beeler – Columbus Dispatch 2016 [caglecartoons.com]

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### Stuff.co.nz Last updated 17:37, July 10 2017
Delta and Infinity’s Yaldhurst subdivision dispute at mediation
By Chris Hutching – The Press
An eight-year dispute involving developers and a group of property owners in a stalled Christchurch subdivision has gone to mediation. Late last year Dunedin City Council agreed to authorise its Delta Utilities company to refinance a $13.4 million outstanding debt to go ahead and complete the Yaldhurst development along with Wanaka-based developer, Infinity. To allow the development to proceed, Christchurch City Council staff recently recommended the unusual step of “dedicating” the access road rather than “vest” it with the council. But a representative of the private property owners, Colin Stokes, told city councillors that his group’s rights to compensation for land for the road had not been addressed. […] The dispute has been aired in several High Court cases between the private landowners and the developers, which are continuing. Most people who originally signed up to buy properties at the subdivision have pulled out and meanwhile Christchurch’s residential property market has cooled significantly.
Read more

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Related Posts and Comments:
15.6.17 Site Notice : post(s) removal [we heard from Steve Thompson’s solicitors]
4.3.17 Christchurch housing : ‘If you build the right thing, buyers will still come’
17.2.17 Gurglars visits the Delta/Noble JV subdivision at Yaldhurst
2.2.17 Hilary Calvert complaint to Auditor-General #DCHL
30.12.16 Hilary Calvert on Deloitte report for Aurora/Delta
12.12.16 Deloitte report released #Delta #Aurora
7.12.16 Audit and Review, Deloitte
26.9.16 Delta #EpicFail —Epic Fraud #14 : The Election and The End Game revisited
22.9.16 DCC : Delta deal 1 Aug 2016 Council meeting (non-public) #LGOIMA
9.9.16 Calvert on DCC, ‘We could have a much more democratic and transparent operation of council’
2.9.16 Delta Yaldhurst : Local Opinion + Update from Caveators via NBR
18.9.16 Delta #EpicFail —Epic Fraud #13 : Councillors! How low can you Zhao ?
26.8.16 Delta #EpicFail —EpicFraud #12 : The Buyer Confirmed
24.8.16 Delta peripheral #EpicFail : Stonewood Homes —Boult under investigation
8.8.16 Delta #EpicFail —Epic Fraud #11 : The Buyer
3.8.16 LGOIMA requests to DCC from Colin Stokes #Delta #Noble #Yaldhurst
1.8.16 Delta #EpicFail —The End Game according to CD
31.7.16 Delta #EpicFail —Epic Fraud #10 : The Beginning of the End : Grady Cameron and his Steam Shovel
29.7.16 Delta #EpicFail —Epic Fraud #9 : The Long & Winding Road…. Leads Back to Delta’s Door
21.7.16 Delta EpicFail #8 : Cr Calvert goes AWOL, 23 Questions for Mr McKenzie —Saddlebags !!
19.2.16 Delta: Update on Yaldhurst subdivision debt recovery
17.7.16 Delta #EpicFail —Epic Fraud #7 : The Long & Winding Back Road
15.7.16 Delta #EpicFail —Epic Fraud #6 : What do you mean, Property Law Act ?
12.7.16 Delta #EpicFail —Epic Fraud #5 – Delta and the ghostly hand of Tom Kain
8.7.16 Delta #EpicFail —Epic Fraud #4 : Tales from the Courtroom….
30.6.16 Delta #EpicFail —Epic Fraud #3 : Security Sharing and not Caring….. who’s got that Constricting Feeling ?
27.6.16 Delta #EpicFail —Epic Fraud #2 : WWTKD – What Would Tom Kain Do ?
5.6.16 Delta #EpicFail —Noble Subdivision —Epic Fraud
13.3.16 Delta #EpicFail —Noble Subdivision : [rephrased] Conflict of Interest
11.3.16 Delta peripheral #EpicFail : Stonewood Homes and ancient Delta history
6.3.16 Delta #EpicFail —Nobel Subdivision : A Neighbour responds
29.1.16 Delta #EpicFail —Yaldhurst Subdivision ● Some forensics
21.1.16 Delta #EpicFail —Yaldhurst Subdivision

█ For more, enter the terms *delta*, *aurora*, *grady*, *luggate*, *jacks point*, *dchl*, *auditor-general*, *noble*, *yaldhurst* or *epic fraud* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Business, Central Otago, Construction, DCC, DCHL, Delta, Democracy, Dunedin, Economics, Education, Finance, Geography, Housing, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Perversion, Pet projects, Politics, Project management, Property, Public interest, Queenstown Lakes, Resource management, SFO, Town planning, Travesty, Urban design, What stadium

“Fat” gawky Hotel and Apartment building : Questionable design even with 4 floors lopped off

What environmental considerations, Mr Page?

More than minor.

[Everyone will remember the learned Mr Page from the Betterways hotel and apartment building application for 41 Wharf St at the waterfront, not so long ago.]

Mr Bryce (independent planner): …a “key concern” for submitters…the building would block sun from reaching the Regent Theatre and surrounds from 3pm at winter solstice. “At this time of year, the proposal will effectively remove all remaining access to sunlight received over [the] southern end of the western side of the Octagon.” (ODT)

Mr Page (the developer’s ‘Brief’): The “potential shading effect” was acknowledged, but Mr Page was confident the hotel’s benefits “will far outweigh” those concerns. (ODT)

Mr Page, again : The hotel’s “tall, slender built form” minimised the impact on those living closest to the hotel project site… (ODT)

Good heavens.

Source: Application documents

At Facebook:

### ODT Online Tue, 11 July 2017
Hotel developer still confident
By Chris Morris
Dunedin’s latest five-star hotel bid will “not be viable” if the developer is forced to reduce the building’s height, it has been claimed. But the man behind the project, Tekapo businessman Anthony Tosswill, remains confident the hearings panel set to decide the project’s fate can yet be swayed by the hotel’s benefits. The comments came from Phil Page, the lawyer acting for Mr Tosswill, days after the public release of an independent planner’s report running the ruler over the hotel proposal.
The report by Nigel Bryce concluded consent be declined unless Mr Tosswill agreed to a “substantial reduction” in the building’s height, by four storeys, to bring it down from 60m to 45.5m.
Read more

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Resource Consent Application LUC 2017-48 and SUB 2017-26, 143 – 193 Moray Place, Dunedin (Proposed Hotel)

The hearing will be held on Mon 31 Jul, Tue 1 Aug, Wed 2 Aug, Thu 3 Aug and Fri 4 Aug 2017 in the Edinburgh Room, Municipal Chambers (off the Octagon). The hearing will commence at 9.30 am each day.

Consultant Planner’s Section 42a Report (PDF, 4.3 MB)

[excerpt]

SUMMARY OF RECOMMENDATION
[5] For the reasons set out in paragraphs 72 to 334 below, I consider that the Proposal in its current form, will not promote the sustainable management of natural and physical resources in accordance with Part 2 of the Resource Management Act 1991 (RMA or the Act).
[6] The Development promotes a contemporary design, which is considered acceptable within this setting and articulates sufficient design interest and modulation through the facades and its pinwheel like form expressed in the tower component of the building. The building’s design incorporates a base building or podium, which allows the structure to have an active street frontage to Moray Place and Filleul Street, which is considered a positive design response.
[7] The Development will be ‘juxtaposed’ against a backdrop of the heritage buildings located to the east of Moray Place, including the Town Hall and St Paul’s Cathedral when viewed from the west and St Paul’s Cathedral and the Municipal Chambers when viewed from the south (including from the Octagon).
[8] The building’s overall height is considered to generate an over-dominance on properties to the north and west of the Site, and will have more than minor adverse effects on the amenity values of residential properties to the west of the Site. This is largely due to the significant change in scale introduced by the Development and the lower scale built environment that currently exists to the west and north of the development site, comprising predominantly two to three storeys in height.
[9] The Development will adversely impact upon the townscape values of the TH02 Octagon townscape precinct under the Operative Dunedin City District Plan (Operative Plan), including loss of sunlight penetration into the Octagon during the Winter Solstice and will adversely impact upon the setting and pre-eminence of existing heritage buildings such as the St Paul’s Cathedral and the Municipal Chambers building when viewed from the Octagon.
[10] The Development is considered to result in more than minor visual amenity and shading effects on Kingsgate Hotel to the south of the Site. The Kingsgate Hotel will experience prolonged and more sustained loss of light over a wider part of the property and associated buildings over the critical morning period during the Equinox and Winter Solstice periods (or collectively over ¾ of the year). This conclusion has been reached having regard to the potential for the Site to be developed up to a maximum height of 11 metres with a building erected against all boundaries (the ‘controlled activity building outline’).
[11] For the scale of the building to be mitigated to an acceptable level, and to maintain and enhance the amenity values of the City Centre and wider environs, Council’s urban design consultant, Mr [Garth] Falconer recommends reducing the proposed building height by four levels to bring the total height down to nine storeys (Level 13, +157,500 (datum level) on Drawing Section AA). This reduction would provide for a maximum height of 45.6 metres from existing ground level, or a maximum height breach of 34.4 metres (including the lift shaft). This mitigation response would not remove any of the 210 visitor accommodation rooms (hotel rooms), and would maintain supporting facilities including licensed premises, retail, conference, meeting facilities and on-site amenities, parking, and servicing areas. I note, for completeness, that the Applicant is not currently proposing to reduce the height of the Development.
[12] In its current form, it is my recommendation that the proposal should be declined.

More about Garth Falconer, DCC’s consulting urban designer:
LinkedIn profile: https://nz.linkedin.com/in/garth-falconer-a0699bb3
Owner and Director, Reset Urban Design Ltd: http://reseturban.co.nz/

Take a glimpse of the ‘urban form’ at Takapuna, North Shore Auckland (his home turf), to know Mr Falconer is likely missing any handle on building height for a heritage city like Dunedin.

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Agenda and all documents including Submissions at:

http://www.dunedin.govt.nz/council-online/notified-resource-consents/notified-applications-pending/luc-2017-48-and-sub-2017-26

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At Facebook [see comments]:

### ODT Online Sat, 8 Jul 2017
Reject hotel bid: planner
By Chris Morris
A planner has recommended rejecting Dunedin’s latest five-star hotel bid, unless the developer agrees to a “substantial reduction” in the building’s height. The recommendation to decline consent came in a report by independent consultant Nigel Bryce, made public yesterday, ahead of the public hearing beginning on July 31. In his report to the panel of independent commissioners, Mr Bryce said the hotel development would “visually dominate” its surroundings, including the town hall, St Paul’s Cathedral and the Municipal Chambers. It would be the tallest building in the central city and would cast a shadow over the Octagon, as well as the nearby Kingsgate Hotel, during winter. Together with other impacts, the development was considered to be “non-complying” under the city’s district plan rules. It would only be acceptable if the building was reduced by four storeys, lowering its overall height from 60m to 45.6m, which was still well above the existing 11m height limit for the site, his report said.
Read more

[initial coverage]
7.7.17 ODT: Decline hotel consent: report

### ODT Online Wed, 28 Jun 2017
Two from North Island on hotel hearings panel
By Chris Morris
The panel to decide the fate of Dunedin’s latest five-star hotel bid features one familiar face and two from the North Island. Tekapo businessman Anthony Tosswill’s bid to build a 17-storey hotel and apartment tower in Dunedin would be considered over five days, beginning on July 31, it was confirmed yesterday. […] The panel of three would be headed by chairman Andrew Noone, now an Otago regional councillor, acting in his role as an independent commissioner. […] Alongside him will be fellow independent commissioners Stephen Daysh, of Napier, and Gavin Lister, of Auckland.
Read more

Related Posts and Comments:
● 14.5.17 RNZ reports July hearings for proposed hotel apartment building [comments by Mr Tosswill]
● 4.5.17 Submissions close 10 May : Proposed 17-storey, est. 62.5 metres-high Moray Place hotel/apartment building
● 7.4.17 Proposed hotel *height and design* —the very least of it #sellingoursouls
● 5.6.17 Application lodged for FIASCO Hotel by Tosswill #DunedinWrecks
● 18.12.16 DCC set to take away CBD car parks without Economic Impact research
● 15.10.16 Battle of the hotels : DCC meat in the sandwich (unedifying)
● 5.10.16 Dunedin bauble #votecatcher
● 4.10.16 The Demon Duck freak show of partial ‘Civic’ information! Before voting closes! #Dunedin
11.1.16 Un hôtel. Dunedin.
19.8.15 Hotels ? Business ? [DCC lost +++152 fleet vehicles] —Cull in charge of building chicken coops, why ?
1.4.14 HOTEL Town Hall… Another investment group, Daaave’s pals from the communist state?
25.3.14 Hotel We LIKE: Distinction Dunedin Hotel at former CPO

Posted by Elizabeth Kerr

This post is offered in the public interest.

Source: Application documents

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Filed under Architecture, Business, Construction, DCC, Democracy, Design, District Plan, Dunedin, Economics, Education, Enterprise Dunedin, Finance, Geography, Heritage, Hot air, Hotel, Infrastructure, LTP/AP, Media, Name, New Zealand, OAG, Ombudsman, Otago Polytechnic, People, Perversion, Pet projects, Politics, Pools, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, Structural engineering, Technology, Tourism, Town planning, Transportation, Travesty, University of Otago, Urban design, What stadium

Aurora Energy struggles to proofread #FastTrackPoleProgramme

At Facebook:

The ‘free’ publication didn’t arrive in letter boxes at lower Pitt St, Dunedin – some householders receive official mail through post slots in their front doors. Don’t tell me the mail distributors for Aurora – god, like Allied Press – refuse to deliver to door slots off the street (in clear safe public view) due to [their] perceived Health and Safety risks…. greater than dangerous poles ? [Unlike NZ Post, DX Mail and other Couriers who provide efficient direct service.]

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[Old stats, who would guess Aurora’s in such a financial and corporate mess?]

Aurora Energy is an electricity distribution company in Otago, New Zealand. Aurora Energy is owned by Dunedin City Holdings Limited on behalf on the Dunedin City Council. Aurora Energy is New Zealand’s sixth largest electricity distributor. Wikipedia

Formerly called: Dunedin Electricity Limited (1990-2003)
Industry: Energy
Predecessor: Waipori Falls Hydroelectric Company Ltd
Founded: June 26, 1990 in Dunedin, New Zealand
Headquarters: Dunedin, New Zealand
Key people:
– Grady Cameron (CEO)
– Stephen Thompson (Chairman) [previously, Ian Parton]
Revenue: $99.5 Million USD (2015)
Net income: $8.1 Million USD (2015)
Total assets: $413.9 Million USD
Total equity: $182.55 Million USD (2015)
Owner: Dunedin City Council
Parent organisation: Dunedin City Holdings Limited

Website: http://www.auroraenergy.co.nz/
Fast Track: http://www.auroraenergy.co.nz/about/major-projects/current-projects/fasttrack/

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Helterskelter Delta, solidly joined at Aurora’ hip, writes an open letter at page 3 of today’s ODT:

[click to enlarge]

Posted by Elizabeth Kerr

This post is offered in the public interest.

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Recycle your Soft Plastic bags #Dunedin

[stuff.co.nz]

“The objective is for 70% of New Zealanders to have access to a drop-off facility for soft plastics within 20km of their home.” –Scott Simpson

### ODT Online Fri, 23 Jun 2017
Recycling for plastic packaging arrives
By John Lewis
All those plastic bags floating around after shopping expeditions can now be recycled under a joint initiative between the retail sector, the packaging industry and the Government. The Love New Zealand Soft Plastics Recycling programme was launched in Dunedin yesterday, and will enable soft plastics and soft packaging such as shopping bags, bread bags, frozen food bags and food wrap to be recycled at the 14 New World, Countdown, FreshChoice, Pak’n Save and The Warehouse stores in Dunedin and Mosgiel. Associate Environment Minister Scott Simpson said the programme was already running in Auckland, Hamilton, Wellington and Canterbury. […] The $700,000 contribution from the Government’s waste minimisation fund was being matched by contributions from retailers and some suppliers, bringing the total project funding  to more than $1.6million. […] Cargill Enterprises would collect the recycled plastics from the shops. 
Read more

Last year I convivially swapped emails with the manager of Centre City New World enquiring about how soon the store would adopt the national soft plastics recycling programme. He kindly immediately contacted FoodStuffs to find out ….well the day has come! Happy customer!

Try this simple test to help identify recyclable plastic material…
“The test is if you can pull it and stays stringy in consistency, it’s fine. But if you can tear it cleanly it is not recyclable.” Stuff

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Soft Plastics Recycling 
The Love NZ Soft Plastics Programme is about informing New Zealanders about how to keep plastic bags and packaging out of landfill. Collect all the soft plastics which you use at home, make sure the bags are empty and dry and drop them into the Love NZ Soft Plastics Recycling bins at participating stores.

The project is supported by major brands including Asaleo Care, Ceres Organics, Coca Cola Amatil, Cottonsoft, Fonterra, Frucor, George Weston Foods, Goodman Fielder, Griffins, Hubbards, Kathmandu, Kelloggs, Kimberly-Clark, Lululemon, Mars, Mother Earth, Mondelez (Cadbury), Nestle, New Zealand Post, Pams, Pure Delish, Simplot (Birds Eye), Spicers, SunRice and Wrigleys; Amcor Flexibles, Astron, Coveris, Snell Packaging & Safety with many others committed to joining the programme. Soft plastic bags are not currently collected for recycling by councils because they can contaminate the recycling process. New Zealanders use over 1.6 billion plastic bags in the home every year. The project takes all soft plastic bags including bread bags, frozen food bags, toilet paper packaging, confectionery and biscuit wrap, chip bags, pasta and rice bags, courier envelopes, shopping bags, sanitary hygiene packaging – basically anything made of plastic which can be scrunched into a ball. Customers can bring their used soft plastics back to store and put them in the recycling bin.

█ Website: http://www.recycling.kiwi.nz/soft-plastics

Posted by Elizabeth Kerr

This post is offered in the public interest.

8 Comments

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#freedomcamping not enforced at Warrington, summer 2016/17

ODT 21.6.17 (page 12)

Reply to letter to editor (snippet):

█ For more, enter the terms *warrington* and *freedom camping* in the search box at right.

Posted by Elizabeth Kerr

This post is offered in the public interest.

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123 Vogel St, an action about council process?

123 Vogel St before external building changes [Google Street View]

At Facebook:

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Where to start. Here we have an award winning redevelopment of a substantial old warehouse for new commercial use. Reading the Otago Daily Times today we learn a local businessman questions council process on consenting grounds – apparently, there was an ‘administrative error’ with a set(s) of drawings, and a condition of the resource consent issued for 123 Vogel St was neither correctly tracked or enforced.

Rightly, the businessman doesn’t wish to litigate the matter through the newspaper.

The building owner to his credit has made a large and worthy investment in the building structure and its upgrade for commercial occupancy, revitalising a large segment of the block running between Vogel and Cumberland streets.

Why then would an ungenerous attack by one party not closely involved in the proposed warehouse precinct, be lobbed at this one building owner in such negative and disastrous fashion.

What is at stake. More importantly, what does bringing the action do to enhance the historic built environment, commercial property development, and council processes – if ad hocism (planning rules enforced here, and not there?) is argued as ‘state of play’. Is there any good in an Environment Court challenge – is it ‘vexatious’.

Impartiality, transparency, technical proficiency and fairmindedness is the hoped-for collective quality to be seen in any council operation, particularly in regards to planning matters. How far can ‘the managers’ of the District Plan, a community owned living document, seek room to breathe —or indeed, treat every resource consent application on its individual merits ….for positive precinct and in-zone outcomes, for the avoidance of new (adverse) precedents or laxity of interpretation where the rules go swimming. Where does the line bite.

In practical terms we read that what was built (window-wise at second floor level) does not accord with what was granted by resource consent.

We see minorly dropped sills (pretty? hmm) and a small extra pane of glass added for greater daylighting and liveability, done in such a way that the original scale and depth of the windows remains readable. The intervention isn’t screaming. It is very quiet, and reasonable? Why then did someone fudge the option to be consented. Who did not enforce the agreed design solution? Were affected parties given all proper information as the application processed to decision? Does the error set a precedent for destruction of protected facades and heritage townscape? This most certainly can be argued and tested generally and legally – but probably not with 123 Vogel St hauled to centre stage, pointing up administrative error or wilful and confused intention at DCC if that could be shown…. The second generation district plan public consultation process is perhaps the best place to locate the discussion. Not here, unless there is something else forming the agenda for the current challenge.

Recently, there has been another example of ‘sill dropping’ in the precinct (TH13) at the corner of Rattray and Cumberland Sts. Most people – heritage advocates included – would view the degree of change to sill height as rather subtle in the context of the overall historic heritage ‘Save’. But these details niggle aesthetes and the conscientious.

Is the effect (of design subtleties – a broad tradition….) to cumulatively – with more than minor effect – destroy ‘old’ townscape in the Vogel Street Heritage Precinct, other heritage and townscape precincts, and more widely across the central city —the ‘sense of place’ (held by ‘original’ built fabric) that District Plan policy and rules are designed to constrain, curbing overt changes to external building appearance?

How on earth did this happen at the council? Perhaps the challenge and subsequent ruling (win or lose) will ensure that all comers receive the same level of service in the adminstration of consents and conditions, and the intent of District Plan rules is more strictly adhered to by council planners.

Everyone is entitled to their day in court. The other hope is that DCC is meeting all of Mr Barnes’ legal costs.

If that was the fight advertised on page 1 today.

****

OPTION ONE STAYED IN THE CONSENT DECISION …. Option one would have had a new sash and two panes of glass, instead of what was built.

### ODT Online Tue, 20 Jun 2017
Building owner baffled over court action
By David Loughrey
The owner of an award-winning Dunedin warehouse precinct building has been called to face the Environment Court in a case he described yesterday as “vexatious”. The court action calls on 123 Vogel St owner Chris Barnes to remove windows on the second floor and replace them with a design applicant Dunedin businessman John Evans says should have been built under the building’s resource consent. Court documents from Mr Barnes’ counsel describe the action as “utterly baffling”. Mr Barnes has questioned the intentions of Mr Evans, and the court documents ask who Mr Evans is representing, and whether he is “receiving funds from a third party”. Some people involved would not speak on the record but one claimed property interests in “the big end of town” were behind what they saw as an attack on the precinct. […] Mr Evans’ application referred to a condition in the resource consent.
Read more

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Posted by Elizabeth Kerr

This post is offered in the public interest.

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Filed under Architecture, Business, Construction, DCC, Democracy, Design, Dunedin, Economics, Education, Finance, Heritage, Heritage NZ, Media, Name, People, Politics, Project management, Property, Proposed 2GP, Public interest, Resource management, Site, Structural engineering, Town planning, Urban design