Apartment hotel proposal has FATAL Flaws : ODT offers Flimsy Poll

Updated post.
Tue, 7 Aug 2017 at 2:58 p.m.

We (Dunedin) are confronted by a poorly detailed, plonk-down apartment building proposal that we suspect is fronted by an agent for Asian developers –it would not be unusual for such a proposal to be offered on the strength of tainted money looking for safe haven in the South Pacific.

Our gullible country.
The gullible shiny pants Grow Dunedin partnership.
Our ever so gullible city council under the leadership of cull-cat Cull.

A massively over-height apartment building with a frilly hard-to-read podium base is proposed —a building that may never see a five star hotel as the anchor tenant (never believe unquantified/unqualified pitches from used car salesmen, if all they offer is a Price plucked from the air).

Not so long ago large tracts of New Zealand land were bought and sold for glass beads and muskets.

A lot can happen between resource consent being granted and a deathly, failing, improperly costed build.

Is Dunedin City Council about to find out.

Beware the gift horse.
It turned out Dunedin disliked the hocks of the last one (41 Wharf St), ridden by a little cardigan-wearer. The local suits were paid to make the waterfront tower seem generous, rousing and necessary. Ha-haaa.

At ALL times, the Dunedin City Council MUST stay acutely awake despite its needful dependence on independent commissioners and independent professional advisors – the latter advisors, along with some council staff, appear to have greatly missed the Fact that the minimal concept plans presented for 143-193 Moray Place DO NOT provide a workable building; or a building compliant with district plan objectives, policies, rules, and anticipated environmental results ….or prevailing traffic standards.

Oh dear. ‘So much’ [$$$] for the independent advice. Yes, expensive use of expert and staff time to massage the applicant dream – to no convincing or winning effect.

Further, Dunedin City Council MUST be prepared to APPEAL the outcome of the decision-making process should it wish to AVOID being left with another expensive DEBT VEHICLE in the form of one unfinished and or leaky building …..as the collapsed companies, and dusty heels of run-away developers and construction personnel disappear back to Asian shores, far away from Lake Tekapo ….. dangerously constructed, whole or in part, as a further burden on beleaguered Ratepayers of this fair city.

“What a stupid thing to assume!” you thunder.
“How? On what grounds?”, you chide.
“Dunedin NEEDS a five star hotel!”, imperiously.

You think it’s that simple ??
You’re about to be done over, Buds.

The inference being, oh great apartment hotel supporters, that all that glistens in green-tinted glass is gold, or might be a five star hotel. Yeah right.

It never was. The gold, I mean.
The five star hotel, I mean.
A hoover-up of NZ cash to offshore parties who remain anonymous throughout planning and consenting, and construction and building operation; all supported by the errant notion of immigrant labour and (imperfect) imported materials.

You might as well ask now, How MUCH will the Dunedin economy make ($$$) on this “slap in the face” to the community owned district plan (statutory), and the (strategic) spatial and the central city plans which are publicly consulted policy directions informing the city council’s annual and long term plans.

Not much.

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During five days of evidence and submissions, one knowledgeable submitter, Mr Russell Lund – well up on construction management, hotel building costs, the visitor accommodation market and investment patterns, and the risk and liability to local authorities in consequence – carefully outlined the quandaries which for various councils around New Zealand have become money-losing Unalterable Fact.

In the original written submission for himself and Suzanne Lund (affected property owners), Mr Lund asserted:

The “assessment of effects” is hollow and of no substance. Under the Act, the assessment of effects is required to be just that, an assessment of effects on the affected properties and tenants. Incredibly, the assessment makes no attempt to examine the effects on all the affected parties.

This, of course, is echoed in independently written and voiced submissions by many opposing the application; and curiously, it is underlined in evidence given by Mr Don Anderson (planning consultant) and Mr David Compton-Moen (urban design, visual amenity consultant), for the applicant.

My own submission to hearing states:

We can’t take what is offered [from the applicant] on trust, because it is incomplete and imprecise; therefore the assessment of effects is difficult to pin down to anything concrete and remains unhelpfully superficial – this was “the work” the applicant was to table for us, we thought, to generously persuade us that moving beyond the ‘norms’ of height in this Dunedin location has measurable benefits against other sites or, through strong honest examination of design alternatives for this site.

I am open to being persuaded. It is expensive to do that persuading. However, it has to happen in other city centres in this country. For an expensive building, isn’t it worth doing the budgeting for preparation of your case – to get the result you want, which is consent to subdivide and build. These are open questions but they lie at the heart of A for architecture as the practical art and science of building economics and professional practice. Behind and in front of the commercial facades, that must have depth of delivery. […] And so I come to the white building model here [a 3D-printed solid plastic model of the proposed building, of hand-held size, put into evidence by Christchurch architect Thom Craig], and the drawings presented by the applicant. There appears to have been too much time spent on merely diagrammatic ‘entreaties’ to architectural form and texture without hacking into 3D investigation. There is not one clear drawing of the way the podium can work for the public or the ‘retailers’ or ‘exhibitors’ – or indeed the people staying at the hotel, servicing the building functions and or using vehicles on site. We get an idea ‘about it’, a not convincing one, there is too much guesswork to do. And so the commissioners’ questions have been rather intense.

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Now, back to the points the Lunds are making. In their original submission on the application, Mr Lund says:

7. I have serious concerns about the expertise and amount of resource that has gone into assessing the feasibility of the project. In the last year, the Otago Daily Times advised the developer, Mr Tosswill of Horizon Hospitality, had indicated that the cost of the project, which was then 200 rooms and 52 apartments was $50-75M. The proposal now is for 210 rooms and 66 apartments, which is not substantially different. The car parking and front of house areas are similar to the original application. The application confirms the hotel has a gross floor area of 20,835 m2.
In my opinion this hotel will be not built for anything less than around $100M, and this casts serious doubts over the viability of the scheme.
Evidence of this is found for the building costs of the much simpler 200 room 4 star Novotel Hotel being built at Christchurch airport after a competitive tender process (and utilising an Asian fabricated structural steel structure). It is well known in the building industry that the tender costs received for that very regular and efficient 7 level hotel were $4,500-5,000 per m2. The Novotel is a filing cabinet design, that is, it is a completely regular rectangular structure which provides the most efficient floorplates and the best wall to floor ratio, ie the least amount of exterior wall enclosing the maximum possible amount of interior space. The Novotel has no balconies.
The applicant’s proposal is far less efficient, and therefore more costly per m2, as it is effectively three blocks grouped around a central core, but the blocks themselves are not rectangular, but have recesses, and there is a significant amount of extra cost with most rooms having screened “smokers” balconies, which entails effectively, 2 exterior systems, one for the rooms, and another enclosing the balconies.

8. The application confirms there are 16,136 m2 of above ground (habitable or hospitality space) and 4,687 m2 of below ground, back of house / car park space. At a cost of $2,200-2,500 per m2 for the below ground floors, and $5,500 per m2 for the above ground space, the proposal has a construction cost of over $100m, excluding land, furnishings, design marketing, et al. The total budget excluding GST will be around $130M. A feasibility study will typically have to include a development margin of at least 20 %, preferably 25 %, if any sort of lender is involved. This means the end value of the project will need to be at or over $160M. If the best case scenario is adopted and Mr Tosswill is able to convince Chinese or other overseas investors to pay the current market value in Queenstown for premium, new managed hotel rooms and apartments of $10,000 per m2 – for a hotel with an unproven demand in Dunedin, it is still not enough.
Selling all the apartments and hotel rooms will yield about $90M, which is a long, long way from the $160M end value needed. The parking and lower public floor spaces on a yield basis will have a value of around $10M, that might get the project to $100M. Mr Tosswill in earlier reports stated that the value was around $90M, so while there is broad agreement on the likely end value, the estimate of the cost is not close to reality. Mr Tosswill may be planning to bring in a Chinese construction company who will park a retired cruise ship at the waterfront for the duration of the project and have their workers stay there, but they will be subject to the same minimum wage laws, working conditions and health and safety requirements that local companies face, which will dramatically reduce any cost benefit from using overseas labour. (The idea of having a cruise ship accommodating Chinese workers is not fanciful – the Chinese government offered to repair the damaged sections of SH1 after last year’s Kaikoura earthquake using that same method, and did not require any New Zealand labour resources, but the Government decided that this was politically unacceptable). One hopes it would be also unacceptable to have a Council endorsed project built using essentially, forced labour.

9. There is sufficient doubt around the financial viability of the project that the applicant should provide some evidence that the entire scheme is not in fact fanciful, but makes economic sense, and provide details about the proposed ownership model, which is highly relevant to Council, in light of their liability which is discussed below.

10. Mr Tosswill may think he is able to make savings from current building costs by utilising Chinese products, but many Local Authorities around New Zealand are very wary of various untested products as there have been many failures for which Local Authorities ultimately end up bearing the cost of.
This raises another issue which is the massive liability that the building control division of the Dunedin City Council will be exposed to, in relation to its building consent approval and compliance monitoring. The experience of the QLDC in recent years is extremely relevant : A large number of hotel and apartments have been built in Queenstown and the individual hotel rooms and apartments are sold off individually. A body corporate is then responsible for repairs and maintenance. The developer has no long term or permanent stake in the completed structure, and therefore no incentive to specify materials and pay for quality standards with the long term in mind. As Warren Buffet has said, “show me the incentive and I will show you the result”, and the result for QLDC has been an ongoing series of legal actions brought by Body Corporates against Council, alleging that Council was at fault in some form, and as they are the “last man standing”, the Council have inevitably had to pay substantial figures. [I have] experience of several of these, having repaired one major complex in Queenstown at a cost of several million dollars, and provided cost evidence in regard to two others, also in Queenstown in the last year. It should be remembered that QLDC has a 7 metre height limit, but despite this, on complexes less than a quarter of the size of the proposed hotels, the cost to repair has run to millions. QLDC has advised this year in the Otago Daily Times that it has now completely drained its reserve fund for remedial building work, and any further costs will need to come directly from ratepayers. It has spent $3.6M just on legal fees for remedial building liability cases, which will rise to close to $4M by the end of this year.

11. At the Hearing, in submission, some proposals will be presented to show how the design liability and weathertightness risk to Council and ratepayers can be mitigated in the unlikely event that the proposal is given consent and such consent is upheld in the Environment Court.

Proposal 1 : A bond be posted with Council to cover sufficient funds to get the building to completed weathertight envelope and have the podium and all external works completed in the event the project is halted.

Proposal 2 : The applicant provide a Owners Protective Professional Indemnity, and have DCC named as an insured party on the policy. This is to protect indemnify the DCC against any claims brought against them in relation the building consent process, compliance monitoring or any matter for which they are liable for.

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The applicant tabled NEW evidence at the hearing, from Infometrics. At its website, Infometrics (NZ) says it “provides industry, regional, and general economic analysis and forecasts that assist organisations in making their planning, policy, and strategic decisions”.

In the Lunds’ submission to hearing under the subheading ‘Dunedin Hotel Economic Impacts – Ongoing GDP Effects’, Mr Lund says:

….Infometrics assume that the 64 apartments will all be in the hotel pool, but acknowledge this is unclear. This significantly increases the GDP contribution as it raises the income of the hotel by around 40%, assuming conservative tariff rates of $250 per night and $350 per night per apartment. Infometrics also assume that there will be no “crowding out” of the existing activity, ie ALL guests would otherwise have not come to Dunedin had this hotel not been there. This is an unrealistic assumption.
In my opinion this report is an example of tailoring assumptions to achieve the desired outcome.
At Section 2, the “impact” of the construction phase is estimated at $45.6M in total, but based on the “key assumption” that there is capacity in the construction sector to build the hotel without crowding out other investment”. This appears to mean that if other projects are delayed, there is in fact no benefit at all because $63M of other projects will simply be displaced by the alleged $63M cost of this project. History shows that in Dunedin, Clients such as the DCC, University and some private clients keep a close eye on the state of the market. Many Ministry of Education projects have strict cost guidelines, and will not proceed if they are over budget. There have been examples of work deferred in Dunedin when the market is busy, and the Post Office Hotel is one of them. The Owner Mr Geoff Thompson, deferred the construction of the hotel for several years when he first owned the property citing the overheated construction market, due to the construction of the $220M Milton Prison project in 2005-2007.
At the present time, there is a high level of commercial construction activity at present, witnessed by the fact that there are main contractors from outside Dunedin performing the 2 largest projects in Dunedin (The Dental School and the University Science 3 project). There is every likelihood some projects will be delayed due to the high level of activity.
The report assumes that 21.1M of the $63M, or a third of the cost, will flow into the local Dunedin economy. This would be on the basis that local companies and suppliers are employed, but this is far from clear, given the estimated cost of $63M. The only way the cost could be anywhere near this level is if virtually all of the materials were low cost imports, and quite likely a proportion of the labour cost component.
The only significant material that will be made locally is concrete, and it is only the basement levels that will be predominantly a concrete structure. If out of region companies were employed for work to do such trades as painting and carpentry, as they were at the Forsyth Barr stadium, then that figure will not be accurate.
Infometrics then ascribe $16.1M to the “second round of economic effects” but acknowledge there is some “leakage of spending outside the city”. If an outside main contractor, or even an overseas contractor completes the work, they will very likely bring with them their out of town networks of subcontractors and suppliers and there will be much less than the $16.1M as the second round of effects. Having completed many projects out of Dunedin, I have first hand knowledge of the negligible economic effect of construction on the region concerned. Generally, goods and services are sourced from habitual suppliers with whom there is an ongoing relationship, and only the small consumables are sourced from local suppliers.
Mr Tosswill should clarify what the intention is regarding the construction of the hotel, and if that is not forthcoming, then he should at least confirm what type and form of construction contract will be used as that perhaps more than anything will determine whether there is the possibility of a meaningful local business component.

On ‘Construction Cost’, Mr Lund refers the commissioners to the Lunds’ original submission, continuing with:

Further facts about construction
Examples of risk from imported products
FCC (Fletcher) budgeted to use Chinese sourced bathrooms in the Novotel Christchurch projects. Did not work. Has cost FCC $2M extra (unbudgeted) to get prefab bathrooms built locally in Canterbury. The cost is $26,000 per bathroom.
Chinese steel : there are 2 major CBD projects underway in Christchurch that are steel structures using Chinese fabricated steel. On one project the steel is 12 weeks late and on the other it is 16 weeks late. The Chinese suppliers had committed to make the steel, then out-sourced it to another firm without advising the contractor, and the delays have resulted. On one of these projects there is now legal action between the Engineer and contractor because of the nature of the steel does not conform to the specification.
There is a further major dispute litigation on another major project now completed due to extreme delays with the steelwork and external cladding. The project was around 10 months late, and the Owner lost the anchor tenant (The Government) due to the delay. That project was tendered on the basis of using a large degree of imported materials from China in association with a large state run Chinese construction company, but the project was so disastrous (financially and in terms of market perception), involving a loss of 8-15M on a $50M project, it has caused the company to withdraw from large scale commercial construction and focus on project management.
External Cladding : There are only a very small number of NZ firms with the capability to design and build the curtain walling, and they have a huge backlog and extremely onerous business terms that will not be acceptable to any funder or main contractor, so the Owner will probably need to contract with them direct, and take on this risk.

These important matters aside, the legal submissions brought to hearing by Ms Lauren Semple (for Millenium & Copthorne Hotels) and Mr John Hardie (for Misbeary Holdings Ltd) blew the application out of the water; so did the transport evidence to hearing by Mr Andy Carr (for Millenium & Copthorne Hotels) to which Commissioner Mr Stephen Daysh responded by asking if the problems (such as summit points, swept paths, access to basement parking, onsite coach travel, and truck travel as well as loading access) pointed out by Mr Carr in his assessment of the proposed building’s perimeter road were “fatal flaws”? Yes, was the direct reply. Refer article: Traffic problems at hotel (ODT 3.8.17)

The hearing is adjourned until 17 August.

All ODT can do is offer a flimsy and inconsequential readers’ poll.
Not Based On Reality. Go ODT! LOL

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█ All application documents, reports, evidence and submissions for 143-193 Moray Place – Non-complying activity – LUC-2017-48 & Sub-2017-26 at this link.

Related Posts and Comments:
● 11.7.17 “Fat” gawky Hotel and Apartment building : Questionable design even with 4 floors lopped off
● 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

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Posted by Elizabeth Kerr

This post is offered in the public interest.

█ The following images are taken from Appendix 6 – Consultant Urban Designer’s Report – Appendix plans (PDF, 1.5 MB).

They comprise
● 2 cross sections – originally provided as applicant evidence by Thom Craig Architects Ltd, and
● 7 photomontages of anticipated views – originally provided as applicant evidence by Paterson Pitts Group (surveying, planning, engineering)

– to which new height levels have been added in the evidence provided by independent Urban Design consultant Garth Falconer for Dunedin City Council.

[click to enlarge]

“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

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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

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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

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Source: Application documents

How To See and Be Seen : 1. sit on the floor 2. do not lie #SDHB

At Facebook:

The Dunedin Hospital eye department’s throughput is commendable despite the lack of chairs and wait space provided by the fat cat, high fee-earning Team of Commissioners led by lawyer Kathy Grant….

As a user of the department’s services, there’s been no impediment to my eye treatment and monitoring at any time. I have never had to sit on the floor, nor would I even contemplate doing so —silly Sheep!

The staff were exactly right to complain to their union.

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### ODT Online Wed, 5 Jul 2017
Elderly patients forced to sit on floor
By Eileen Goodwin
Older patients were forced to sit on the floor while waiting for an appointment in the crisis-hit eye department at Dunedin Hospital, prompting a complaint from staff to their union. Public Service Association organiser Julie Morton said the lack of adequate waiting space was a health and safety issue. “There are frequently not enough seats in the waiting room to accommodate those waiting, and they have to sit on the floor,” Mrs Morton wrote to the Southern District Health Board last month. Some of the patients who had to sit on the floor were older people.
Read more

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D’oh, Ms Kathy Grant doesn’t believe in the value of Democracy in the Southern Region. Does the Southern community want the non-egalitarian, fryable Ms Grant to serve out her term to 2019.

### ODT Online Wed, 5 Jul 2017
Need for elected health board role downplayed
By Eileen Goodwin
The “truly unique” arrangements at Southern District Health Board will not adversely affect the Dunedin Hospital rebuild, commissioner Kathy Grant says. The Government is planning a hospital redevelopment potentially worth more than $1billion, and there are no elected representatives to influence the project because the board was sacked. Mrs Grant said the SDHB’s relationship with the Ministry of Health was no different than if an elected board was in place. “I’m not sure what additional dimension the existence of a traditional board would necessarily bring to that relationship.” […] The Otago Daily Times has been told by a contact, who would not be named, that the Cabinet would consider three options outlined [for the proposed new hospital] in an indicative business case, the most expensive of which costs more than $1 billion. After that decision, the rebuild governance group and the ministry would look at where to build and whether land needed to be acquired.
Read more

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Posted by Elizabeth Kerr

This post is offered in the public interest.

*Image: dailymail.co.uk – article: Why are my blinking eyes so sore and watery?

Site Notice #DunedinHospital

This afternoon David Benson-Pope requested an unreserved apology from the website owner following publication of an image and various comments at a now deleted post concerning the Save Our Hospital campaign that was highlighted in a newspaper story published on 25 March 2017.

The website owner unreservedly apologises to Mr Benson-Pope for the publication of this material and any resulting discomfort or distress it may have caused.

An apology will be emailed to Mr Benson-Pope shortly, copy Sandy Graham, DCC.

Elizabeth Kerr
Site Owner

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Reference:

### ODT Online Sat, 25 Mar 2017
Woodhouse blasts DCC
By Eileen Goodwin
National list MP Michael Woodhouse has lashed out at the Dunedin City Council over its hospital rebuild campaign, implying it is a front for the Labour Party. And Mr Woodhouse said the council’s stance was “confusing” — on the one hand it wants a central city rebuild, but it granted the Accident Compensation Corporation the right to consider buying the Frederick St car park. ACC has a 12-month timeframe to look at development options for the site. […] Mr Woodhouse is also ACC Minister, and he made it clear he was speaking as a local MP.
Read more

[ends]

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Audit NZ admonishes commissioner Grant and SDHB #Health

[govt.nz]

“By not declaring all interests, particularly the pecuniary interests, exposes the DHB to an increase in conflict of interest risk and potential for reputational damage.” –Report, Audit New Zealand

The auditors were also disappointed at a lack of progress in other areas. There were no up-to-date disaster recovery plans, a shortcoming identified previously. (ODT)

### ODT Online Mon, 9 Jan 2017
SDHB rapped over non-disclosures
By Eileen Goodwin
Audit New Zealand has told the Southern District Health Board to sharpen up its act on financial  disclosures after finding some interests had not been declared. Commissioner Kathy Grant made new declarations after the issue was raised by auditors, she confirmed to the Otago Daily Times. Mrs Grant had not realised they had to be declared.
….In its 2015-16 audit, Audit New Zealand recommended the DHB implement regular checks of the New Zealand companies office register to check for non-disclosures.
….The auditors said the DHB’s “key challenge” was maintaining sustainable services while trying to improve its financial position.
Read more

● Kathy Grant is a consultant at Dunedin law firm Gallaway Cook Allan.

****

Southern District Health Board
End of year update on the Dunedin Hospital redevelopment project
Wednesday, 14 December 2016
The Southern Partnership Group (SPG) is pleased with progress towards having an Indicative Business Case, with a shortlist of options for the redevelopment of Dunedin Hospital, completed by mid-next year. “Despite the ambitious timeframe, we’ve met our deadline to workshop the longlist of options by Christmas and are on track to have that narrowed down to a shortlist by mid next year,” SPG Chair Andrew Blair says. “The longlist options range on a spectrum from replacing the Clinical Services Building and refurbishing or replacing the Ward Block, to moving all hospital facilities to an entirely new hospital campus either nearby or somewhere else in Dunedin City….”
Read more

█ SDHB Annual Report 2016

█ Audit NZ 2015-16 Management Report

—

Posted by Elizabeth Kerr

This post is offered in the public interest.

Kaipara rates row : High Court finds “serious and substantial” errors

“If the council had just accepted the money, admitted that the people withholding their rates were wronged, that their case had merit, we could have all moved forward together” – Mangawhai ratepayer Bruce Rogan
(via Checkpoint) Audio | Download: MP3 (3′04″)

### radionz.co.nz 6:01 pm on 16 Sep 2016
New Zealand: Northland
Northland rates rebels win partial victory
By Lois Williams – Northland reporter
The rebel ratepayers of Mangawhai in Northland have won a partial victory in the High Court. The court has found that rates levied from 2011 to 2014 by the Northland Regional Council, via Kaipara District Council rate demands, were unlawful. In an interim decision, Justice Duffy found the Northland Regional Council (NRC) has no power to delegate the assessment of rates or the recovery of arrears to other councils. “The errors I have identified are serious and substantial,” the judge said. “In short, the NRC has failed to exercise its statutory powers properly when determining rates resolutions and it has unlawfully sought to delegate the performance of a number of its functions in relation to rates to the Kaipara District Council.” […] The Mangawhai ratepayers’ chair, Bruce Rogan, said the ruling was very welcome, although the court did not uphold the group’s challenge to penalties and GST imposed by the Kaipara District Council. The council should now agree to negotiate a deal to end the six-year-old Kaipara rates row, Mr Rogan said.
Read more

—

From Kaipara Concerns (community website):

INTERIM HIGH COURT JUDGMENT RELEASED 16.09.2016
Duffy J has made an interim judgment in respect of the judicial review brought by the MRRA and Bruce and Heather Rogan challenging the lawfulness of rates set by the NRC and the KDC.

She has made the following decisions:

NRC
1. The NRC rates were not set lawfully for the 2011/2012, 2012/2013 and 2013/2014 rating years. [27]
2. The NRC’s delegation to the KDC of the assessment of rates and recovery of rates for the rating years between 2011/2012 and 2015/2016 inclusive was unlawful. Accordingly those rates were not lawfully assessed. [58]
3. The NRC’s delegation to the KDC to add penalties to NRC rates was unlawful. Therefore the penalties imposed on rates in respect of NRC rates was unlawful. [74]
4. The Validation Act only validated the unlawful rates of the KDC. It did not validate the unlawful rates of the NRC. [111]

Result
[129] I make the following declaration: The NRC’s rates for the KDC region have not been lawfully set or assessed for the rating years from 2011/2012 to 2015/2016 inclusive.

Duffy J has not yet decided what order to make in respect of ordering the NRC to refund the unlawful rates charged. She has invited the NRC to make further submissions and especially to examine how this ruling might affect the legality of the rates that it has set for its other constituent areas – Whangarei and the Far North. Those rates might also be unlawful.

She will make her final decision once both parties have made further submissions.
Read more

—

New Zealand First leader Winston Peters has issued a press release in respect of the Duffy J’s High Court decision:

—

Related Posts and Comments:
31.3.16 Ratepayers achieve for Kaipara District —what Dunedin counterparts…
3.10.15 Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

—

Posted by Elizabeth Kerr

Election Year. This post is offered in the public interest.

C R I M E • against • S O C I E T Y

Commissioners who should know better

Kathy Grant
Richard Thomson
Graham Crombie
Angela Pitchford

—

### ODT Online Wed, 15 Jun 2016
$7000pw fees and expenses
By Eileen Goodwin
The commissioner regime is costing the Southern District Health Board more than $7000 in fees and expenses every week, an Official Information Act request shows. Between November 17 and May 17, the commissioner team incurred $159,600 daily fees and $25,405 for travel, accommodation and food.
As commissioner, Kathy Grant receives the biggest daily fee, $1400, and over six months she charged for 55.5 days, a total of $77,700. Mrs Grant’s annual pay is capped at $180,000.
Read more

—

Posted by Elizabeth Kerr

*Image: virtuartgallery.com – leaving shame behind (Peters)

Curtains for Dunedin City Council ? *gulp —October elections [grey area]

Received. [spoof or sting] . . . . . w o r r i e d
Thu, 2 Jun 2016 at 8:20 a.m.

[all-comic.com]

Urgente: Annoucemente’

The first June meeting will be held on the first of June, the first.

Minutes: Of the last meeting.

“Cull de Mare”

OK Good Idea!

Agenda: Item 22, Delete Item 21- Agreed unanimously or unani(kleinefieldmausly) as you would.

The Question:

Is there a wait for Meals on Wheels?

No not only is there no weight, but also no taste, no colour, no nutrition and no hope of any for 15 years and lets hope no right of renewal!

Question Der:

Postulate: In a letter received Tuesday last, a Miz Dr, Prof. Mc El Hone suggested that the main reason for de sea level rise is now steam.

Steam is gumming up the atmosphere and so the cold weather we have been receiving lately is now unable to get away causing bloody cold weather now described as “Global Cooling”.

Dr Professor Earl, Count and Pons Hagfish, the owner of a large number of scenic hotels in de districk and manager of a number in serious question in de Pacific has written and questions the Comite’ thus: My business is suffering, all of my marketing and advertising has been geared towards the concept of Dunedin and the Peninsula as the new Sunny Gold Coast. Sunny because of the “Global Warming” mantra and Gold coast because the expected sea level rise would take the shoreline to Clyde, the Shotover river and Bendigo abandoned goldfields!

Now your Comite’ is debunking the sea level rise as a giant furphy and that the climate is actually so cold as to suggest “Global Cooling” I am now forced to market Dunedin, as in the past, a place where refrigerators are not required, a meat safe will do!

This is a huge capital saving for Scenery hotels, as we do not have to place a minibar in each room and if we leave out the window glass the meat never defrosts! Wines are cold and at room temperature of -20 degrees, no ice machine is necessary.

There are some problems however.

Patrons are found frozen stiff in the hallway and in the foyer. Ice skates are necessary for trips to the car park. Chains are necessary on delivery trucks and cabs to and from the airport. The planes have skis and the pilots wear balaclavas.

In order to improve this I have a very important and well considered plan to eliminate “global cooling”.

M’sieur Rollande de Gurgelars, VC and Public bar, International medaille D’ore, Croix de G.U.R and house bar stands with open hands and speaks.

M’sieur de Hag-fish, your commente’ is much desired, your wisdom and more importantly your desire for a quid are legionarre’s disease throughout Aotearoa.

Please sally forth and unburden yourself.

Hag-Fish replies, Le Comte, Sally was the fifth, not the fourth, but not to worry, I will commence from the finish.

We the Secenery Circle propose that a law be imposed, firstly on all households in the greater Dunedin area including Kate Wilson’s fiefdom and Cr Noone’s rurality, Cr. Hall’s trucks and Mayor Cull’s uncleaned mudtanks, to ban, eradicate, censure, drop off the perch and if necessary obliterate and immolate all items which could be roughly described as Kettles.

Kettles will include any item capable of boiling water to steam, whether working operational or not! This includes but is not limited to Railway Steam Engines, Pots, Pans, Kettles, Hot Water cylinders, Zips, Teesmade, Coffee machines, Lawrence Yule and headmasters.

Headmasters?

Oui, they are always letting off steam, particularly the dean of Kings High.

In this way, we believe that the absence of steam will enable the cold air around Dunedin, Christchurch, Wellington and Auckland to escape and we can get back to comfortable “Global Warming” and Dunedin can be the Riviera of the southern hemisphere again, just like it was in February. Our marketing campaign featuring bikini clad sealions, brown skinned natives, (cabbage) Palm trees, Coconuts etc. will again be relevant and we can turn on the air conditioning at Forsyth Banned to ensure noone dies of heatstroke!

Is Cr. Noone dying of heatstroke?

No not now, that is the problem we are trying to rectify!

Le Comte, rises, thanks Earl Hag-Fish and whispers into his Iphone to Craig’s Investment partners ….

Sell Briscoes! Sell Coffee Club, Sell Starbucks.

Pam Demonia reigns.

The Curtain comes down.

[ends]

—

Related Posts and Comments:
18.5.16 Measuring sea level at Dunedin #DUD
1.5.16 Hospital food according to Gurglars
25.2.16 CELEBRATE !!! Greater Dunedin has DIED #boombustcycle
11.1.16 Un hôtel. Dunedin.
5.6.15 WEATHER is not climate change; this is not the 100-year flood

—

Posted by Elizabeth Kerr

Election Year —this post is offered in the public interest.

[clockhousetheatre.com]

█ In a spot . . . . .

Ratepayers achieve for Kaipara District —what Dunedin counterparts fail to do for spurious ‘pet projects’

Link + message received.
Thu, 31 Mar 2016 at 8:24 a.m.

█ Message: Maybe time to revisit Jacks Point and Luggate? …

—

The Mangawhai wastewater scheme cost about $63.3 million. Overall costs were not just financial, the Auditor-General’s report said. “They included a failed council, councillors replaced with commissioners, the departure of a chief executive, a severely damaged relationship between the council and community, an organisation that needed to be rebuilt, and much more.”

### Stuff.co.nz Last updated 17:21, March 30 2016
Dispute settlement sees Auditor General pay nearly $5.4 million to Kaipara District Council
About $5.375 million will be paid to the Kaipara District Council by the Auditor-General’s office now that a dispute between the two has been settled. Mediation of the dispute over audit issues around the controversial and costly Mangawhai wastewater scheme was held by retired High Court judge Rodney Hansen QC, without any admission of liability and for each party to cover their own litigation costs.

Auditor-General Lyn Provost’s scathing inquiry report to Parliament in December 2013 outlined “a woeful saga” surrounding the community wastewater scheme, managed by the then-council between 1996 and 2012. It covered roles played by other agencies, including the Controller and Auditor-General’s office. The inquiry found the council failed to adequately perform its responsibilities to the community in connection with the wastewater scheme. The council itself alleged the Auditor-General did not identify these failings in a timely manner and take appropriate steps to bring them to the council’s attention. It also alleged some of the poor decisions it made could have been averted if the Auditor-General’s office had performed its responsibilities appropriately.

The Auditor-General offered an unreserved apology in the report to the Kaipara district community for the office’s failings in some of its work, but disputed the council’s damages claim. In particular, the Auditor-General considered the council had the responsibility to comply with its statutory obligations, and its failure to do so is not attributable to the Auditor-General’s office. The dispute was settled with neither party admitting liability but the Auditor-General’s office agreeing to pay $5.38 million to Kaipara District Council.

A rates revolt began as costs were included in Mangawhai rates, with some properties connected to the new scheme now paying around $3000 annually in rates. Kaipara District Council commissioner John Robertson said the council was pleased to see a positive outcome from the High Court action it took against the Auditor-General in 2014. “If we hadn’t got an outcome we would be back in court and facing all the risks of whatever judgments go on these sorts of things.”

The Kaipara District Council has two more court battles pending with Mangawhai ratepayers.
Read more

—

Related Posts and Comments:
3.10.15 Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

—

Posted by Elizabeth Kerr

DCC extends 2GP further submissions period

Dunedin City Council has extended the Further Submissions period for the second generation district plan (2GP) to Thursday, 3 March 2016 at 5pm.

All members of the public are eligible to make submissions on the Summary of Decisions Requested to the proposed 2GP.

[screenshot – click to enlarge]

██ DCC 2GP Index Page at https://2gp.dunedin.govt.nz/2gp/index.html

██ Have Your Say at https://2gp.dunedin.govt.nz/2gp/submissions.html

██ Search for Summaries of Decisions Requested and Submissions at https://2gp.dunedin.govt.nz/submit/PublicSubmissionSearch.aspx

—

Related Posts and Comments:
● 16.2.16 DCC: 2GP further submissions [consultation software with bug?]
8.2.16 DCC 2GP further submissions [update]
4.2.16 2GP commissioner appears to tell Council outcome before hearings…
3.2.16 DCC 2GP Hearings Panel
22.12.15 DCC consultation warped | inaccessible Proposed 2GP ‘eplan’
9.12.15 Otago Regional Council hammers DCC’s proposed 2GP
19.11.15 DCC Conditions: Extensions for public submissions (2GP)
19.11.15 DCC Proposed 2GP ridiculousness: formatting + plan content
16.11.15 DCC operating deficit $1M worse than budget
11.11.15 Letter to DCC chief executive re extension for public submissions…
9.11.15 Letter to DCC chief executive re Proposed 2GP hearings panel
24.10.15 DCC and the AWFUL 2GP ‘threat of THREATS’
12.10.15 DCC Proposed 2GP (district plan) —DEFEND YOUR PROPERTY
3.10.15 DCC: Public Notice Draft 2GP + “Community Presentations”
3.10.15 DCC appointees to draft 2GP panel #greenasgrass #infatuation
2.10.15 DCC Draft 2GP hearings panel lacks FULL INDEPENDENCE
30.10.15 DCC 2GP molasses and the dreadful shooflies (You)
28.9.15 Message to DCC: The People can’t deal with your 2GP documentation…
26.9.15 DCC: Proposed 2GP to line pockets of cowboy developers #FIGHTDIRTY

—

Posted by Elizabeth Kerr

DCC: 2GP further submissions [consultation software with bug?]

Copy of DCC internal correspondence received.
Tue, 16 Feb 2016 at 7:01 a.m.

—

On 12/02/16 4:53 pm, “Simon Pickford” wrote:

Good afternoon,

A quick update on the 2GP: we have found a technical issue with the reports that were produced in response to the submissions on the 2GP. As a result the reports need to be reissued and this means that we are outside the 10 day minimum statutory period of the current consultation and will have to re-notify.

We are assessing whether there will be an impact on the timing of the 2GP hearings and the remaining consultation process, but it will require us to re-advertise our consultation period. We are updating the website and making sure the necessary adverts are in place.

Regards

Simon

Simon Pickford
General Manager Services and Development
Dunedin City Council

****

I forwarded this yesterday without knowledge of Mr Pickford’s email:

From: Elizabeth Kerr
Sent: Monday, 15 February 2016 10:51 p.m.
To: Simon Pickford; Sandy Graham; Sue Bidrose
Subject: FW: Public Notice for the Summary of Decisions Requested

Dear All

I received the below DCC email on 5 February, and was prepared to make a further submission before the closing date of 26 February 2016.

Today, confusion at the DCC website with regards to further submissions – given two updates provided.

The first said, in effect, that the closing date for further submissions would be put back [because of an internal stuff up] and the new closing date was going to be publicly notified. [I didn’t make a screenshot of the message]

This was followed by another, replacing the first, which said:

Error in Summary of Decisions Requested reports
12/02/2016
The Summary of Decisions Requested reports have been temporarily withdrawn from the website due to a technical error in exporting data. In the interim please use the search function on the Search the Submissions page to view the correct Summary of Decisions Requested. Updated Summary of Decisions Requested reports will be distributed online and to libraries as soon as practically possible.

This last made no reference to public notification of an extended closing date for further submissions.

Given the date of issue was 12/02/2016 this suggests that by now all submitters should have been emailed individually about something having gone wrong with the process and to await further information from DCC.

I hope the technical error which affects all those making further submissions is properly recognised and a public notice will be issued that extends the closing date for submissions.

Otherwise I imagine the Council will leave itself open to challenge.

Please could someone clarify how the process is to presume, and accurately.

Kind regards

Elizabeth Kerr

—

From: Teresa Gutteridge
Sent: Friday, 5 February 2016 3:28 p.m.
To: Elizabeth Kerr
Subject: Public Notice for the Summary of Decisions Requested

Dear Elizabeth Kerr
Dear Submitter,
Please see the public notice for the Summary of Decisions Requested for the Proposed Second Generation Dunedin City District Plan below.
It would be appreciated if you contacted the 2GP Team at the times and through the options laid out in the public notice rather than by responding to this email.
Yours Sincerely

Anna Johnson
City Development Manager

[ends]

██ DCC 2GP Index Page at https://2gp.dunedin.govt.nz/2gp/index.html

—

Related Posts and Comments:
8.2.16 DCC 2GP further submissions [update]
4.2.16 2GP commissioner appears to tell Council outcome before hearings…
3.2.16 DCC 2GP Hearings Panel
22.12.15 DCC consultation warped | inaccessible Proposed 2GP ‘eplan’
9.12.15 Otago Regional Council hammers DCC’s proposed 2GP
19.11.15 DCC Conditions: Extensions for public submissions (2GP)
19.11.15 DCC Proposed 2GP ridiculousness: formatting + plan content
16.11.15 DCC operating deficit $1M worse than budget
11.11.15 Letter to DCC chief executive re extension for public submissions…
9.11.15 Letter to DCC chief executive re Proposed 2GP hearings panel
24.10.15 DCC and the AWFUL 2GP ‘threat of THREATS’
12.10.15 DCC Proposed 2GP (district plan) —DEFEND YOUR PROPERTY
3.10.15 DCC: Public Notice Draft 2GP + “Community Presentations”
3.10.15 DCC appointees to draft 2GP panel #greenasgrass #infatuation
2.10.15 DCC Draft 2GP hearings panel lacks FULL INDEPENDENCE
30.10.15 DCC 2GP molasses and the dreadful shooflies (You)
28.9.15 Message to DCC: The People can’t deal with your 2GP documentation…
26.9.15 DCC: Proposed 2GP to line pockets of cowboy developers #FIGHTDIRTY

—

Posted by Elizabeth Kerr

DCC 2GP further submissions [update]

Updated post
Mon, 15 Feb 2016 at 5:36 p.m. Last updated 10:59 p.m.

Two updates were issued today by DCC on the 2GP further submission process.

In the first, DCC said it had withdrawn the 2GP Summary of Decisions, and the closing date for further submissions would be put back and publicly notified.

The second update made no reference to the closing date or public notification:

DCC says: Error in Summary of Decisions Requested reports
12/02/2016
The Summary of Decisions Requested reports have been temporarily withdrawn from the website due to a technical error in exporting data. In the interim please use the search function on the Search the Submissions page to view the correct Summary of Decisions Requested. Updated Summary of Decisions Requested reports will be distributed online and to libraries as soon as practically possible.

Awaiting clarification and advice from DCC.

—

Have your say
IGNORE THIS DATE – The Further submission period is open from Wednesday, 10 February to Friday, 26 February.

What can a further submission cover?
A further submission can only be made in support or opposition to a point raised in an original submission on the 2GP.

Who can make a further submission?
The RMA limits who can make further submissions to:
● any person representing a relevant aspect of the public interest
● any person that has an interest in the proposed plan greater than the interest that the general public has
● the local authority (the Dunedin City Council).

It provides an opportunity for people who may be affected by an original submission to have their views considered. You do not have to have made an original submission to participate. If you have made an original submission you do not need to repeat submission points made in that submission as they will already be considered.

Summary of decisions requested
The Summaries of Decisions Requested are a concise summary of the decisions requested in the submissions on the 2GP which closed on 24 November 2015. It is not the full or exact content of submissions. It is prepared to enable the further submission process which is set out in Schedule 1 of the RMA.

█ The Summary of Decisions Requested and copies of all submissions will be available from midday Tuesday, 9 February.

Hard copies of the Summary of Decisions Requested reports will also be available for inspection at:
● 2GP drop-in centre, 11 George Street, Dunedin, 10am to 3pm, Monday to Friday
● public libraries and/or service centres at Dunedin, Middlemarch, Mosgiel, Port Chalmers, Blueskin Bay (Waitati) and Waikouaiti.

Submissions Map
The submissions map indicates the spatial location of submissions seeking a change to the proposed zoning (management zones only not overlay zones), new heritage precincts, or changes to scheduled items. It reflects the information in the submission point address field of the Summary of Decisions Requested reports. Through pop-ups, the map provides links to relevant submissions.

DISCLAIMER: This map has been prepared as an aid for people wanting to understand the scope of submissions related to an area. The accuracy and completeness of this information is not guaranteed and people should read original submissions. In some cases, the information contained in submissions was not detailed enough to accurately map the scope of the submission. In these cases, the mapping has been either omitted or approximated where possible.

How do I make a further submission?

Online submissions
The RMA requires further submissions to be in a prescribed form (Form 6). An easy way to make a submission is using the 2GP on-line submission system, which ensures submissions are in the prescribed form and allows you to link to specific submission points

Other ways to make a submission
Hard copies of the submission form and submission guidelines can be downloaded below or paper copies can be picked up at the 2GP drop-in centre or from the DCC Customer Services Agency located on the ground floor of the Civic Centre at 50 The Octagon, Dunedin.

For written submissions
Post to: Further submission on Proposed Second Generation Dunedin City District Plan, Dunedin City Council, PO Box 5045, Dunedin 9058

Deliver to: Customer Services Agency, Dunedin City Council, Ground Floor, 50 The Octagon, Dunedin

Email to: districtplan @ dcc.govt.nz

Serving a copy of further submissions on submitters
IMPORTANT: Any person making a further submission must serve a copy of that further submission on the person who made the original submission no later than five working days after lodging the further submission with the DCC. A copy of the addresses for service for all submitters is provided in the Submitter Details Report.

● DCC 2GP Have Your Say Page
● DCC 2GP Index Page

—

Posted by Elizabeth Kerr

█ For more at What if? Dunedin, enter the term *2gp* in the search box at right.

2GP commissioner appears to tell Council the outcome before hearings commence #hazardzones

Cr David Benson-Pope is the chairman of the council’s Planning and Regulatory Committee.

This week Benson-Pope has been named as one of the councillor hearing commissioners for the Proposed 2GP.

At the full Council meeting held on Monday, 30 November last year, this report was tabled:

Report – Council – 30/11/2015 (PDF, 553.9 KB)
Infrastructure Performance During June 2015 Flood Event

In discussion of the item, Councillors provided individual views on low-lying land, flood conditions and future assistance for affected property owners.

Cr Benson-Pope was observed to say:
(confirmed by today’s YouTube release of the video record of the meeting)

2:54:38
“It is this Council’s policy that sea level rise and global warming exist, and I don’t think it’s useful for Councillors to keep propagating the myth that it’s all someone’s fantasy.”

Cr Benson-Pope continued:

2:58:47
“The other issue around this, of course …. is the fact that a lot of these issues are already being addressed in an incremental way over a longer term by the discussions that are happening now as part of the second generation plan, and I am hopeful as we all should be that the regulations and suggestions that are incorporated in that document will hold through the public process, so that management of the issue can be as good as it possibly can.”

Dunedin City Council Published on Dec 7, 2015
Dunedin City Council – Council Meeting – November 30 2015

—

Cr Benson-Pope appears to be telling the Mayor and Councillors, and the general public, what in his view the outcome of the review of the district plan (2GP) should be.

Like the seasoned politician he is I expect the Councillor will look to the symantics and tell us that was not at all the impression he intended to give in the heat of the moment.

But, People, he said it. Let’s think about that. Predetermined.

—

Posted by Elizabeth Kerr

DCC 2GP Hearings Panel

Received.
Wed, 3 Feb 2016 at 4:21 p.m.

From: Jamie Shaw [DCC]
Sent: Wednesday, 3 February 2016 11:36 a.m.
To: Council 2013-2016 (Elected Members); Community Board – Chalmers 2013-2016; Community Board – Mosgiel Taieri 2013-2016; Community Board – Otago Peninsula 2013-2016; Community Board – Saddle Hill 2013-2016; Community Board – Strath Taieri 2013-2016; Community Board – Waikouaiti Coast 2013-2016
Cc: Executive Leadership Team (ELT); Anna Johnson; Ann Rodgers; Teresa Gutteridge; Kristy Rusher
Subject: Media Release – Independent commissioners appointed to 2GP Hearings Panel

Good morning all,

Please find attached a media release announcing the appointment of the independent commissioners on the Proposed Dunedin City District Plan Hearings Panel.

We will be issuing another media release on Friday, outlining the 2GP further submissions process.

This release will be sent to media shortly.

Best regards,

Jamie Shaw
Senior Communications Advisor, Communications and Marketing
Dunedin City Council

(1) Attachment: [click to enlarge]

█ Download: MR 2GP Independent Commissioners appointed (DOCX, 50KB)

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### dunedintv.co.nz Wed, 3 Feb 2016
Outside experts hired for city planning
The city council is using independent commissioners from out of town to hear submissions on the proposed new district plan. Two experts, from Nelson and Banks Peninsula, have been appointed to the hearings panel. They’re due to consider all information and submissions presented on the second generation plan. Four councillors are also on the committee, which will begin the hearings process in late April. The council’s not saying how much it’ll cost to have commissioners from outside the city involved. They’ve both got decades of experience in the planning sector and have worked with other councils. Hearings for the local plan are expected to run for several months.
Ch39 Video

Related Post and Comments:
9.11.15 Letter to DCC chief executive re Proposed 2GP hearings panel

—

Posted by Elizabeth Kerr

Zoning issues: Vogel Street activities

76 Vogel Street. Question to Dunedin City Council:
How did this activity happen without a publicly notified plan change?

The ‘warehouse precinct’ referred to in the restaurant’s marketing isn’t recognised by the current Dunedin City District Plan. The building is located within the LSR – Large Scale Retail Zone (see comparative district plan maps below), and the Vogel Street Heritage Precinct (TH13).

—

Vogel Street “remained zoned for large-scale retail uses, although it was proposed to become a mixed-use zone [the warehouse precinct] – allowing a wider variety of uses” – under the 2GP.

### ODT Online Sat, 23 Jan 2016
Objector to cafe’s licence slammed
By Chris Morris
A Dunedin businessman and his city councillor wife have been labelled “dinosaurs” amid claims they are deliberately standing in the way of the warehouse precinct’s regeneration. The criticism came after it was confirmed yesterday Alistair Broad, a commercial property owner and businessman, had filed an objection opposing the Vogel St Kitchen’s bid to renew its liquor licence.
Read more

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In a former life, the popular Vogel St Kitchen (VSK) was the McIndoe printery. The old brick building has been strengthened and given a new lease of life as a two-level coffee house and licensed eatery. Restaurant proprietor Riah McLean and property owner Lawrie Forbes commissioned a mural by London-based street artist Phlegm for the south exterior wall, visible from the street.

“Dunedin’s coolest destination cafe situated in the heart of the Warehouse Precinct. If you like your coffee and dining to have character and spirit come and check us out.” (publicity)

█ Website: www.vogelstkitchen.co.nz
76 Vogel Street, Dunedin 9016

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Posted by Elizabeth Kerr

District Plan Maps (2GP) – Compare existing and Second Generation District Plan maps:

DCC Rates Information

Kaipara Concerns —ADOTROL* disease [Dunedin mention, again!]

Received from Anonymous
Fri, 2 Oct 2015 at 6:49 a.m.

█ [fascinating] Latest Updates at KAIPARA CONCERNS
http://www.kaiparaconcerns.co.nz/

THE FLAG DEBATE 01.10.2015
It is worth reading Guy Steward’s article on the flag debate, the symbolism behind the flag, and the reasons why John Key is pressing for a change. Cont/

A MONSTROUS MISCARRIAGE OF JUSTICE? 30.09.2015
Many will have read the article on Penny Bright in today’s Herald and the massive legal bills that the Auckland City has incurred pursuing her for arrears of rates. Penny tends to polarise. To some she is a folk-hero espousing the interests of a fair and just society, and to others she is a no-hoper who should “get a life” and pay her dues. The reality is that she has discovered the Achilles heel of local government, and all the whitewash from the Council, the defamatory put-downs, and all the legal pressure they are putting on her, is not going to alter that fact.

All local authorities in New Zealand have the legal right to charge rates but only if, and I repeat only if, they comply with the requirements of the LGA in respect of consultation and only if they comply with the LGRA in respect of rating processes and rating documents.

Ms Bright has refused to pay her rates until she knows where the council spends its money – particularly on private contractors – and acts in a democratic manner.

Unlike taxes which are levied by statutes that are unconditionally binding on all citizens, rates are only binding if they comply with the law. Local government in New Zealand has long suffered from a chronic case of ADOTROL* disease [Arrogant Disregard Of The Rule Of Law] which has caused it to adopt procedures and documentation that are lazy, slovenly and simply fail to comply with the law. That means that most of the rates set by local authorities are unlawful. Cont/

[2.10.15 NZH Editorial: Bright’s free ride has cost us enough]

SECRETS AND MORE SECRETS 30.09.2015
Alexandra Newlove’s article in the Northern Advocate reported Whangarei councillor Stuart Bell’s criticism of public–excluded workshops. “I don’t agree with having to make decisions on behalf of our community when, because an issue has been deemed confidential, the discussion I can have with the community on it is somewhat limited.” Cont/

AND EVEN MORE SECRETS 30.09.2015
How is that when someone goes into central government or local government their individual ethical standards become compromised and they adopt the party line or appropriate political line? Respect for the principles of law or fair play, or common sense for that matter, fly out of the window. We have seen it in successive Ministers of Local Government who chose to ignore the blatant illegalities of the KDC, and tacitly gave Jack McKerchar and Neil Tiller the stamp of approval for their reckless plunder of Kaipara ratepayers. […] But the ADOTROL* disease is endemic throughout the Beehive. Justice Minister Amy Adams has a severe case of the disease if the NZ Lawyer is correct. An article in that magazine claims that the Minister has refused to disclose details of why the costs of renovating Dunedin’s historic courthouse have leapt from $2.5 million to $15 million. Barrister Anne Stevens has slammed the secrecy saying that “scrutiny of decision-making underpins a democracy”. Cont/

[30.9.15 NZ Lawyer: Lawyers slam secretive plans for courthouse upgrade]

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More to read at Kaipara Concerns.
But is it true activism stands more chance in Northland than Dunedin.

YES, because the Dunedin public are nearly if not always asleep. Or they want to pick up someone else’s trash to qualify for Darlene’s job keeping Dunedin ‘beautiful’ and semi-comatose.

—

Related Posts and Comments:
13.2.15 Associate Minister of Local Government: Return democracy to Kaipara
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

—

Posted by Elizabeth Kerr

Piss-take (?!) | DCC non comprende ORC and POL

[cold night shrinkage]

ODT brings WHAT EXACTLY to the working desktop —(surprise!)

The city council with one of the largest per capita ratepayer debt levels in New Zealand, and a superlative track record of POOR BUSINESS DECISIONS (costing ratepayers HUNDREDS OF MILLIONS OF DOLLARS in the last 10 years), thinks it can preach to Otago Regional Council and Port Otago Ltd.

Sheer folly – tied to the MISGUIDED mission to sell out to the 1%er Chinese. CARGO CUL_TISM. [Would someone be pushing something small down the throat again, to secure yet another dowry for a hotel.]

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### ODT Online Sat, 5 Sep 2015
Waterfront the next big thing?
By Chris Morris
Dunedin’s waterfront is the city’s biggest missed opportunity, but the planets could be aligning for development, advocates say. Depending on who you talk to, the waterfront around Dunedin’s Steamer Basin is either a cold, windswept industrial hub or the city’s next big thing. Where some see room for only the existing cluster of industrial businesses and dilapidated buildings, others imagine a waterfront like Wellington’s – populated by cafes, bars, restaurants, apartments and hotels.
Read more

● ODT: Harbourside views in conflict
● ODT: ORC denies hindering development

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Posted by Elizabeth Kerr

Associate Minister of Local Government: Return democracy to Kaipara

From our friends at MRRA, the Mangawhai Ratepayers and Residents Association (Inc.) —a plea for public support for their online petition.

Associate Minister of Local Government: Return democracy to Kaipara

Moves are afoot to have the term of the appointed Commissioners extended beyond the set date of October 2015. This appears to be an effort to create a platform towards amalgamation of the whole of Northland into a single Local Authority. Given the parlous state of Kaipara’s finances and the stubborn refusal of Commissioners to listen to ratepayers and residents, amalgamation can only be detrimental to Kaipara’s best interests and would likely result in those who created this mess escaping scot free. We want the minister to:
(a) Ignore requests for extension of term of the Commissioners
(b) Be open on discussions regarding reorganisation of local government in Northland
https://secure.avaaz.org/en/petition/Associate_Minister_of_Local_Government_Return_democracy_to_Kaipara/?tbVJcjb

Please forward the link to your friends and colleagues.
Click to share this petition on Facebook

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█ Read more about the petition at Kaipara Concerns, a community newsletter that clearly outlines the issues affecting the people of Kaipara district. http://www.kaiparaconcerns.co.nz/

[screenshot – click to enlarge]
Kaipara Concerns 13.2.15 Read on….

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█ MP for Maungakiekie, Peseta Sam Lotu-liga is the Associate Minister of Local Government.

█ Hon Paula Bennett is the Minister of Local Government.
Ms Bennett’s portfolio includes roles as Minister for Social Development and Associate Minister of Housing. She replaces the outgoing Minister of Local Government, the Hon Chris Tremain, who is retiring at the next election.

—

Related Posts and Comments:
2.2.15 LGNZ run by Mad Rooster Yule, end of story
27.11.14 Auditor-general Lyn Provost #Resign
31.10.14 Whaleoil on “dodgy ratbag local body politicians” —just like ours at DCC
9.9.14 Mangawhai, Kaipara: Latest news + Winston Peter’s speech
19.7.14 Whaleoil / Cameron Slater on ratepayers’ lament
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ ● OAG…
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
12.11.13 Northland council amalgamation
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
19.3.12 Local government reform
21.2.12 Kaipara this time

—

Posted by Elizabeth Kerr

Disclaimer: This post, ‘Stadium: Online petition to pressure $1M donation’, does not constitute or imply an endorsement or recommendation of any kind by Elizabeth Kerr and the parties to What if? Dunedin.

Mangawhai, Kaipara: Latest news + Winston Peter’s speech

Received.
Tue, 9 Sep 2014 at 8:53 a.m.

A SERIOUSLY GOOD READ from the MRRA Executive (Mangawhai Residents and Ratepayers Association Inc). The newsletter follows their public meeting at Mangawhai Gym on Sunday, 7 September 2014, to which New Zealand First’s Winston Peters gave an address.

Dunedin residents and ratepayers take heed.

—

[begins]

Another remarkable turnout in Mangawhai
This is the staunchest, toughest, fairest community in New Zealand. The solidarity you have exhibited in the face of vilification, lies, corruption, deceit, bullying and state-funded spin puts the Mangawhai people into a category that verges on martyrdom. And Sunday was proof if proof was needed that nobody is about to give up on the quest for justice.
Yesterday, 200 MRRA members and numerous members of the public turned out to hear some of the candidates for election this month talk about their policies. The MRRA had extended an invitation specifically asking the candidates to speak on local government, and what they would do in office to prevent a recurrence of what happened in Kaipara. Several parties didn’t show up, possibly because they did not have an answer to that question, and those parties that voted for the Validation Act that effectively stymied our application to the Court have to be assumed to be in favour of council law-breaking and mis-treatment of ratepayers, because they keep on rewarding it by passing retrospective legislation.

Most of those who sold us out didn’t show up
The Green candidate, David Clendon, defended the Green party’s stance by saying that if the Act hadn’t been passed the cost to the ratepayers would have been even greater. He may have believed that at the time, and that is one thing. To believe it still, after everything that has happened, demonstrates that the “Fairer Society” the Greens espouse is just another slogan to be taken with a grain of salt. However, David Clendon did have the courage to show up and take the lumps. The same cannot be said of National and Labour, the other two parties who sold us all down the river in 2013.

Can they be Trusted?
The Conservative Party’s Northland candidate promised to come to the meeting, then she phoned to say she wasn’t coming, but that Colin Craig (party leader) was coming instead. Then, on the morning of the meeting, we got a text saying he wasn’t coming either. Could people who behave like that be relied upon if they got into government? Did John Key tell him that he wouldn’t get a clear run at East Coast Bays if he fraternised with us? Where do the dirty tricks begin and end?

Those who did show up
The start-up local party led by Ken Rintoul (Focus New Zealand) sent a strong delegation along, and participated energetically in proceedings. ACT’s number 3 man, Robin Grieve likewise.

And those who answered the question posed
Only one candidate really responded to our call for information about their party’s local government policies. That was New Zealand First, represented by their leader Winston Peters. His full speech is reprinted below for those who were not present but are keen to hear what he said. In summary, he catalogued the litany of crime and wrong-doing that led to the Kaipara debacle, stated that central government had, through its persistent failure to heed the warnings, effectively (and possibly knowingly) let the whole catastrophe happen under its nose, and that it needed to make reparations.

Clive Boonham moved to tears!
A week previously, the National candidate convened his own meeting in the same venue and mustered about a third of our audience. His audience included a coterie of diehard supporters, at least one of them probably being paid by ratepayers to attend. At that meeting the candidate made the announcement that he had been in Bruce Rogan’s house and Bruce Rogan had said “Mike, if you will go after the auditor general I will hug you!”. I did once attend a meeting with Mike Sabin, at Helen Curreen’s house. When Mike made a characteristically motormouth claim that he was prepared to leave no Fairy tern unstoned in pursuit of the Auditor General, I think I responded that I would embrace any move to bring the culprits in this saga to justice. Mike is clearly in need of affection to have turned that response into an offer of man love. Why he assumed the Curreens’ place belonged to the Rogans is anyone’s guess, but perhaps he thought it didn’t much matter, because once the Validation Bill was passed all the houses would end up being owned by the banks anyway!
But the point of that little anecdote is that sometimes politicians’ speeches generate emotional responses in the audience. When Winston Peters finished speaking, the normally undemonstrative Clive Boonham rose to his feet (an event of greater significance in Clive’s case than for the ordinary citizen, owing to the distance involved in the rising), and said that the speech had brought tears to his eyes. That probably reflected the sentiment of quite a few others in the room – to hear, most of them for the first time, confirmation that we were not the villains in this piece, and to hear it from someone who just might be in a position to do something about it after the election, is very moving.

Two to Tango?
As he left the meeting Winston made it clear, with that famous disarming smile on his face, that he would study the returns from the Mangawhai polling booth very closely, and his commitment to go into bat for us would be directly linked to how hard we went to bat for him!! Sounds like a fair deal, perhaps? Rest assured that if we get shafted again in the Courts we are certainly going to need someone in the political system to be batting for us. Seriously though, SOMEBODY has to go into bat on behalf of the country’s ratepayers, and very soon.

GST on Rates
NZ First said GST should come off rates because rates are a tax and it is wrong to tax taxes. Focus NZ said that the GST on rates should not go to central government but should be used in the district in which it was collected. ACT said that under a government in which it was a part rates would not rise by more than the inflation rate, which would require regulation, which ACT said it was going to remove.
Most of the proceedings were videoed, and a sound recording was made of all the speeches and the exchanges afterwards.

Our Appeal of the High Court judgment
Clive Boonham addressed the meeting with a very clear explanation of the case at the Court of Appeal. He was concerned that it might have been a bit dry after all the hurly burly that went before. Nobody in the room thought that was the case at all.

Our case has three prongs:
● The true legal effect of the Validation Act
● The true legal meaning of the Protected Transaction Provisions of the LGA
● The breach of the Bill of Rights by the Commissioners in bringing their vindictive and vicious Bill to the House while our case was before the High Court.

The Rates Strike and the Bully Boys
The questions were asked “What should we do about withholding rates?”, and “What do we do if we are threatened with legal action?”
You are safe for now.
Nothing further can be added to your rates bill until the 20th November. If you are still not paying rates, hang on until we get some properly considered advice out to you about that, in good time for you to make a decision before any further penalties are applied.
If you are being sued and if you need help, we will help you.
If you are threatened with legal action and you would like help, get in touch with us. We believe that the council will have to climb some very steep hills to successfully sue any Kaipara ratepayer for non-payment of rates, and when the time comes we intend to be ready to provide a vigorous defence to anyone who is sued by this council.

Contest for YOU!
Lastly, on a lighter note, Tom Parsons made the observation that these commissioners call themselves the council, when they are not a council and are in reality nothing remotely like a council. Think of a more appropriate name for them and email it to mrra @ vodafone.co.nz We will publish the (printable!) results, and award a prize (Bennett’s chocolate fish) for the best entry.

Winston Peters’ Speech
Winston Peters spoke at the Meet the Candidates’ Meeting at the Mangawhai Gym today (Sunday the 7th of September 2014):

Posted at 3:07pm Sunday 07 Sep, 2014

There needs to be a corrective history of how this sorry saga came about.

• About 14 years ago the Beca group became head consultant for the Mangawhai sewerage project, it evaluated tenders, and awarded the tender to itself, receiving $675000 of ratepayers’ money to manage the bid process.

• The Beca group in association with the council’s chief executive officer Jack McKerchar settled on Simon Engineering from Australia as the preferred bidder.

• Simon Engineering had claimed experience in dozens of engineering projects in Australia like Mangawhai.

• Simon Engineering had no such experience other than a trailer park equivalent to a single subdivision in Mangawhai.

• Councillor Bruce Rogan sought a referral from one of Simon Engineering’s purported happy customers in Australia.

• This cautious request was attacked by Beca group project group leader Johnson and the Mayor and no information was forthcoming.

• In 2002 the local government amendment Act banned the concept of a 25 year old –build-own-operate-transfer project.

• Neither Beca or the chief executive observed the law change because the deal had already been secretly committed to.

• Councillor Rogan’s request that Simon Engineering be warned of exceeding its budget was ignored by the chief executive officer who later said that his failure to follow a council resolution was because it might have frightened the horses.

• Councillor Rogan directly advised Simon Engineering of the council resolution, which caused the company to bolt and financially go belly up.

• What remained of Simon Engineering’s skeletal remains morphed into a new creation Beca-Simon which promoted itself as a multinational infrastructure builder.

• So the project manager became the builder, or put it another way, had now organised a contract with himself.

• In time the contract ended up with Water Infrastructure Group now running the entire waste water system project.

• Quarterly reviews were denied the Kaipara councillors under threat of legal action.

• Some councillors were asking difficult questions of the relationship of Mr McKerchar and a council staff employee working on the planning for the sewerage scheme.

• The council employee transferred from the council to the Beca group who then contracted her back to provide services to the Kaipara council.

• Another sewerage scheme on the west coast of Kaipara went to the same contractors for $7 million despite the financial blow out on the Mangawhai scheme, or that another proposed tenderer at $5 million was warned off because of the affect that this tender might have on the roading contracts in the Kaipara district the following year.

• The Auditor-General was aware of the chief executive officer-council employee-cum Beca employee connection but she did not think it was relevant.

• Staff at the council lived in fear for their positions if they questioned decisions. And the chief executive officer, when appointed commissioners took over the council, was given a $240,000 handshake.

Ladies and gentlemen this is not the script for a novel or a bodice-ripping bestseller. This is a sorry litany of negligence, corruption and coverup.

The Simon Engineering connection puts one in mind of Novopay, another bunch of Aussie Ned Kellys, who took over our education payroll system despite having no experience in that business whatsoever. Costs have blown out to around $60 million, some teachers are still not getting paid despite the government picking up the skeletons of Novopay.

New Zealand First, as a result of extensive investigation, discussions, and analysis, opposed the Kaipara District Council (Validation of Rates and other Matters) Bill.

The National Party, Labour, Greens, Māori, ACT and United Future parties all supported it.

Hone Harawira, believing that New Zealand First was on to something, opposed it as well.

Illegalities in entering into loans are not mere technicalities or formalities but go to the heart of local government’s obligation to consult ratepayers before entering into large financial commitments.

Especially where the rates can be set to cover illegal loans.

In Kaipara’s case community consultation stopped at $34 million. But the scheme’s cost ended up being far more than double the price.

Contractors have taken large margins. The ANZ bank acquired the original loans at a 40%mark down, clearly having done some due diligence on the whole scheme. But that bank is insisting upon the full loan. Where Beca Group sits in this is a good question requiring answer. They were contracted to manage the project so why are they not taking a haircut as well.

But the key issue here is what is the responsibility of central government in this sorry mess. The auditor general’s office is a key agency in central government.

Retrospective legislation that is harmful to any party should be an abomination in a democracy.

In this instance, it was used as a device to brush incompetence and corruption under the carpet.

New Zealand First’s view is clear; inconvenient truths should not be buried but exposed to the cleansing light of public scrutiny.

Cover up – deny – and avoid scrutiny whilst the innocent suffer and the guilty walk away unscathed and fully paid.

How the Audit Office allowed five years of clean audits to go through on the Kaipara District Council while the sewerage scheme racked up so much debt is incredible, especially as some of you were voicing concerns early on.

How the Auditor General refused to consider many questionable matters, saying they were irrelevant, begs the question.

If that is not relevant what is?

The Auditor General’s office has a reputation for integrity but what went wrong here?

Was it that some the participants looked too big to be questioned?

However your political representatives in Parliament, from all parties, except New Zealand First and Mana, were no better.

They defended the Auditor General and take no responsibility for forgetting about you.

Former Prime Minister Norman Kirk once pointed out to MPs that it was not their job to defend the Government Department from the people; instead their role was to defend the people from the Department.

He was precisely right. So instead of defending you, 112 politicians rushed to defend the Audit Office, and they went further collectively sweeping all the wrongdoing under the carpet by voting for retrospective legislation.

The National government has wiped its hands of your problem, as have the other parties and there’s been no attempt to try and renegotiate the loans, to lessen the load, or step in do their duty by you.

There’s been no admission of the culpability of the Audit Office which should see Central Government pick up the bill for the bloated cost.

We are 13 days from an election and some of you want New Zealand First to declare its position on Coalitions now. I trust you now all understand what a betrayal of you it would be to enter pre-election Coalition arrangements without securing your interests in negotiations first. Or would you prefer someone who is ‘all tea and sympathy’ with no objective of backing it up.

National and its local MPs, past and present, should be ashamed of their underhand way of allowing the guilty to escape accountability and leaving you with the cost.

A similar matter is occurring under your eyes where the SuperGoldCard is concerned.

It has a free travel component which is under review in November, after the election.

We know the National Party wants to wind it back, although its annual cost would be a third of the Novopay debacle.

It benefits 630,000 Seniors.

Last night Minister Woodhouse on TV denied our allegations. Well, Mr Woodhouse, how do you explain the discussions between government and local body transport authorities being held behind closed doors as I speak.

Four years ago the master of Novopay was caught out on a similar denial. And now another Minister, Woodhouse, has been caught out doing the same.

With 13 days to go before the election you can vote for your political choice and remain with an albatross around your neck, or can you see with great clarity what you now must do.

Party vote New Zealand First because for you, more than probably any other group in New Zealand

It’s Common Sense
– See more at: http://www.sunlive.co.nz/news/81874-winstons-speech.html

Bullet points from Clive’s address:
Appeal Process
We have been criticised by Robertson, Pooley and others, for appealing.
If we had won would the KDC have sucked it up like they are telling us to do, and not have appealed?
If we had won would KDC have immediately refunded all the illegal rates, pending appeal outcome?
Yeah RIGHT!

Grounds for Appeal
● Validation ACT – What did it really validate?
● The so-called Protected Transactions-
– What do they protect
– Who do they protect
– Who is responsible for honouring them?

● New Zealand Bill of Rights Act
– There was a breach (High Court said so)
– Who committed the breach? (we think it was the commissioners, who simply cannot commit breaches of the Bill of Rights Act)
– Are they accountable for that?

Funding
Sincere thanks to those who made financial contributions at the meeting and to those who continue to help out with funding. If you have donated to the cause please don’t feel any obligation to do so again, but for those who haven’t….? As we said at the meeting, the award of costs by the High Court will go a long way to funding the cost of the appeal(s).

Our bank account number is:-
38-9012-0318164-00 and our postal address for cheques is PO Box 225 Mangawhai 0540.
Please attach your membership number 2012047.
Thank you again to those who came along and made the meeting on Sunday such a success. It might not have been our biggest turnout ever, but it was a much bigger community turnout than most politicians ever see in their lifetimes!

Kind regards,
MRRA Executive.

[ends]

—

Posted by Elizabeth Kerr

Audit NZ and OAG clean bill of health —Suspicious!

Received from Martin Legge
Saturday, 29 June 2013 9:53 a.m.

Learn how the Kaipara council was repeatedly given a clean bill of health by Audit NZ despite the massive debt and obvious governance problems.

Compares with how OAG assured me they were closely monitoring the TTCF investigation into how it was that ORFU and Racing were able to fleece $7 million from the South Auckland community. The truth is, DIA lost that file and therefore didn’t investigate and instead deliberately covered the loss up. OAG appear OK with this and issued DIA with a clean bill of health.

Our trust and faith in the work of these well resourced “highly educated desk jockeys” is misplaced!!!

—

### NZ Herald Online Saturday, 29 Jun 2013 8:48 AM
Fresh probe begins into debt-ridden council
By Andrew Laxon
The commissioners of debt-ridden Kaipara District Council have begun a new inquiry into its past financial decisions, including the advice it received from former chief executive Jack McKerchar. The tiny Northland council is struggling under an $80 million debt, a long-running rates strike and court action by its own ratepayers over more than $17 million of illegally set rates dating back to 2006. Its former councillors stepped down last year in response to a damning report, making way for Government-appointed commissioners.

Three inquiries are under way into what went wrong. They consist of

● An Auditor-General’s investigation into how the cost of a sewerage scheme at Mangawhai blew out from $11 million in 1999 to $62 million, creating most of the council’s debt.
● An independent inquiry into how the Audit Office failed to notice the excessive debt and repeatedly gave the council a clean bill of health.
● The commissioners’ investigation into other financial transactions they have discovered since taking over last September and see as questionable.

Northland MP Mike Sabin told Parliament ratepayers had been woefully let down by the council’s “mismanagement, incompetence, carelessness and dysfunctional governance”. Mr Sabin, who is sponsoring a local bill to retrospectively validate the illegal rates, said the bill was necessary to keep the council functioning but it would not allow anyone responsible for poor decisions to duck the consequences.
The separate inquiry into the Audit Office’s actions, undertaken by Auditing and Assurance Standards Board chairman Neil Cherry, was not finished.
Read more

—

Related Posts and Comments:
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
31.3.13 DIA and OAG stuff up bigtime #pokierorts
21.2.13 DIA, SFO investigation #pokierorts
3.11.12 Stadium: DCC caught in headlights
29.10.12 DCC consolidated debt substantially more than $616m
21.2.12 Kaipara this time

—

Posted by Elizabeth Kerr

DCC governance = management ?

QUESTIONS
Mayor & Councillors | City Property | City Planning | Strategy and Development Team | Council-owned Companies | Consenting Processes | Conflicts

—

On selling council-owned property…. [public notification restricted]

[Mr McLaren] told the Otago Daily Times he was not consulted about the proposal, in part because he was a commercial rival. However, he was also a resident living in a house that overlooked the proposed development site from Braeview Cres….

### ODT Online Tue, 30 Apr 2013
Anger over motor caravan park plan
By Chris Morris
The Dunedin City Council will consider allowing a new motor caravan park to be developed near Woodhaugh Gardens, just metres away from a rival camping spot. […] The New Zealand Motor Caravan Association has applied to the council for consent to establish the park at 51, 55 and 57 Woodhaugh St, on a vacant residential site next to houses and the Leith Stream. […] The proposal was deemed non-complying under the district plan, but attracted only four submissions – three of them opposed – after public notification was restricted to surrounding neighbours deemed to be affected.
Read more

****

Only yesterday . . . [heading to non-notified consent]

### ODT Online Mon, 29 Apr 2013
New supermarket plan hailed
By Chris Morris
A planned multimillion-dollar supermarket development in Green Island could bring jobs and investment and trigger wider improvements in the area, a Dunedin city councillor says. Progressive Enterprises is in talks with the Dunedin City Council aimed at developing a Fresh Choice supermarket on land between Main South Rd and Shand St.
Read more

Related Post and Comments:
29.4.13 Green Island activity centre

****

Last year . . . [non-notified application, loss of oldest brewery building on site]

### ODT Online Fri, 17 Aug 2012
Speight’s demolition to make way for expansion
By Chris Morris
Part of the Speight’s Brewery in Dunedin will be demolished to make room for the $29 million expansion of its operation. […] The company announced its intention to redevelop the brewery last year, after earthquake damage to the Canterbury Brewery, and began by relocating its Maltexo production plant to Dunedin in May this year.
Read more

### ODT Online Sat, 18 Aug 2012
Questions over consent for Speight’s
By Chris Morris
Heritage advocates are questioning why the public was not given a say about the demolition of a protected part of Speight’s Brewery in Dunedin.
Read more

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Property acquisition for the stadium and SH88 developments . . .
[the hornet’s nest]

### stuff.co.nz Last updated 18:04 20/11/2012
Dunedin City Council fined for road botch up
By Wilma McCorkindale – DScene
A High Court decision has slammed Dunedin City Council’s (DCC) handling of a roading realignment in the city, ordering the cash -strapped authority to pay affected parties more than $185,000 in costs. Justice Alan Mackenzie indicated in a written decision the legality of the stretch of State Highways 1 and 88 through the city remained in question because of the council’s botch up.
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Judgment-221310 (PDF, 109 KB)

Related Post and Comments:
20.11.12 Dunedin City Council vs Anzide Properties decision: The road “has no legal basis”

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Then there was Delta . . . [property acquisition at Jacks Point and Luggate, which names in common]

### ODT Online Thu, 25 Apr 2013
Delta investigation ‘major’
By Chris Morris
The Office of the Auditor-general considers its investigation into land purchases by Dunedin City Council-owned company Delta to be one of its major inquiries for the coming year. Results of the investigation might not be made public for some months, at the earliest. The OAG’s draft annual plan for the 2013-14 year, published last week, detailed work planned for the 12 months from July 1. The plan listed the Delta investigation as one of the “major inquiries” to be reported on during the year. The investigation into Delta’s $14.12 million land purchases in 2008 and 2009 at Luggate, near Wanaka, and Jacks Point, near Queenstown, was confirmed last November.
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Posted by Elizabeth Kerr

Dunedin: Developers stoop to resource consents instead of private plan change applications

Local resource management consultant/planners such as Allan Cubitt (also an independent commissioner that the Dunedin City Council calls on from time to time) and Don Anderson (Anderson & Co) are ‘chipping away’ at the Dunedin City District Plan zoning provisions with greater insistence out on the Taieri, in (surprise!) Cr Syd Brown’s patch, the Mosgiel Taieri ward.

We have the Veggie Boys application for retrospective resource consent coming to hearing on 10 April (see earlier post, Fresh veggies, a holiday mystery), hosted by Don Anderson. Meanwhile, DCC has allowed Veggie Boys to trade without resource consent since last year. There is some heat on the Council to clarify the planning issues (after a run of five non-notified consents involving Wallis Nurseries ‘destination’ developments, thus the notified application. DCC has sought a legal opinion but refuses to release it.

Veggie Boys Ltd (LUC-2012-563 Resource Consent Application)

There are only three submitters opposing the application. Wider than this application is the matter of “how much leeway” Wallis Nurseries have received from Council to extend their commercial retail activities – of which Veggie Boys is a part – in the rural zone, on high class soils. In particular, the development of ‘Wal’s Plant and Fun Land’ by fragmentary consenting processes, with the potential for cumulative adverse effects arising.

In its repeating, whole-page Easter advertising in the Otago Daily Times, Wal’s boasts there is now a commercial florist on site, and a “Great New Professional Driving Range for Golfers” has opened (a rather average flat farm paddock with cheap distance marking signs – something you’d normally want to crop, in a rural zone)…

It’s clear the land use is changing in a way that undermines the district plan Rural Zone provisions, and all without a private plan change application.

Will granting consent to Veggie Boys set a precedent that (widely) undermines zoning in the District Plan?

If consent is granted to Veggie Boys, is this the (surreptitious) track a supermarket chain would go down to open up for business outside Mosgiel’s Local Activity Area (LA1)? In a word…

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### ODT Online Tue, 2 Apr 2013
Saddle Hill house sites bid debated
By Debbie Porteous
The Dunedin City Council has been warned that if it grants consent for more residential development on the lower and middle slopes of Saddle Hill, the rest of the hill will soon follow.
But the consulting planner for developers planning two new subdivisions on the hill has told the council’s hearings committee he is not sure people care that much about it.
Read more

Interesting to read Allan Cubitt’s ‘planning’ assault on the Rural Zone, on behalf of developers wanting to subdivide the lower rise of Saddle Hill. To be taken with a pinch of salt, his badass statements include this on the lack of submissions from people living on the Taieri:

”I would suggest that they expect this type of development in this location and are not overly concerned about it, if they ever were … the lower/mid slopes of Saddle Hill do not appear to have a great deal of significance to residents in the area. I suspect the general public realise Dunedin is a hilly place so to restrict elevated building options within the city just because someone may see it, isn’t valid or appropriate.”

There’s a great deal of public sensitivity surrounding the future of Saddle Hill with regards to subdivision and quarrying – it is substantially a district plan zoning and landscape matter.

People leading busy lives – without time, knowledge and resources – should not be buried by DCC’s perpetual paperchase calling for an endless stream of submission-making on resource consents, spatial plan, district plan review, plan changes, whole city and area strategies, or other. On balance, we wouldn’t automatically or superficially conclude similarly to Mr Cubitt.

With Saddle Hill and the Taieri in general, it seems, a plan change process is far preferable to ‘chipping away’ by an ad hoc lingering resource consenting process, to assess the merits of land use (zoning) and to quantify the rural and landscape values for protection(s) against entirely foreseeable, wanton attempts to damage, modify or destroy the existing rural environment (cumulative adverse effects).

City Planning has its work cut out.

Perhaps note the commercial forces lined up in the background to pillage the Taieri Plain, Saddle Hill and Outram areas for Wanaka-like subdivisions (‘dippieville’ strikes again). Probably why you need a Veggie Boys now, to open the gate to was it (open-slather) ‘retail amenity’…

Cr Syd Brown has for years declared his hand in residential subdivision activity, squandering land for housing and own wealth. His developer friends and cousins seem to enjoy (oh so quietly) his ongoing patronage at council – as happens if ‘the movers’ can keep clipping tickets and to hell with high class soils, zoning rules, lack of stormwater drainage from the Mosgiel main street, and lack of appropriate swimming pool amenity, etc.

Cr Brown knows how to back-slap the Mosgiel-Taieri Community Board. We think it’s called control. We suggest Cr Brown has to go in the October elections, especially if through rugby and racing he is a fair-weather friend of Murray Acklin, Queenstown; a gentleman and his files currently under the stare of SFO.

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Posted by Elizabeth Kerr

Hearing for proposed hotel – competencies, conflicts of interest?

Comments received.

Phil
Submitted on 2012/12/19 at 12:49 am
The consent process in New Zealand is fatally flawed by having unqualified elected officials on the hearings panels. In Europe consent hearings are presided over by qualified independent persons. The applicant has little chance of covering up a project’s shortcoming with glitter and sparkles, as is the case with this current application. The risk for bias or for conflicts of interest is also dramatically reduced to the point where it is no longer a factor in decisions. We all know, from the Mayor’s repeated media broadcasts of glee, that approval of this hotel is a foregone conclusion.

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Phil
Submitted on 2012/12/19 at 12:52 am
At the very least they should be stopping Colin Weatherall from attending the City Planning consents meetings every week, to “advise” the trained planners on the best approach they should be taking on certain pending applications. No conflict of interest there, right ? Only on this Council could we have the least qualified person telling the most qualified people how to do their jobs and what conclusion to reach.

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Related Posts:
16.12.12 Proposed Dunedin Hotel #height
10.12.12 Proposed hotel, 41 Wharf St – “LEARNING FROM LAS VEGAS”
7.12.12 Proposed hotel – Truescape shenanigans
6.12.12 Dunedin Hotel – revised design
2.12.12 Roy Rogers and Trigger photographed recently at Dunedin
26.11.12 Proposed hotel, 41 Wharf Street – indicative landscape effects
20.11.12 City planner’s report recommends against consent for hotel
10.11.12 Dunedin Hotel, 41 Wharf Street (LUC 2012-212)
4.10.12 DUNEDIN: We’re short(!) but here is some UK nous…
8.9.12 Waterfront Hotel #Dunedin (Applicant names?)
7.9.12 Waterfront hotel: DCC to notify resource consent application
16.5.12 Dunedin Hotel

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Yesterday, chairman of the hearing committee, commissioner Weatherall reiterated that the three elected commissioners have NO conflicts of interest.

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Posted by Elizabeth Kerr

Local government

Local government in this country is not delivering to the expectations of communities, and not just in strife-torn Christchurch City, writes Mike MacLeod, chairman of the Draco Foundation.

### ODT Online Fri, 3 Feb 2012
Opinion
Christchurch symptomatic of system
By Mike MacLeod
If the local government sector was a person they would be ponderous, socially-inept and morally bankrupt. They would be filthy rich and very lazy. If you had a problem they would not care and if you complained because something they did hurt you or your family, their response would be “so sue me”.

Even though the Local Government Act 2002 clearly outlines how local authorities should be run, it seems to be treated more as a loose guideline than a statutory requirement. And there is absolutely no recourse open for the public to demand compliance with the Act, aside from the extreme provisions allowed to the minister.

Read more

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The Draco Foundation is dedicated to the protection and promotion of democracy and natural justice in New Zealand and among its many activities operates Council Watch and the National Residents Association Database. Further information can be found at www.civilsociety.org.nz (via ODT)

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Posted by Elizabeth Kerr