Christchurch City Council : Highly Dubious Entity #YaldhurstSubdivision

Subject: Ongoing Property Dispute at Yaldhurst Subdivision

Christchurch City Council held a full council meeting on 27 July 2017.

Readers, the CCC meeting video of Agenda item 26, about Yaldhurst Subdivision, is recommended viewing/listening.

Legal advice to Council is given by Rob Goldsbury, CCC Head of Legal Services – an atrociously lacklustre, unjust and obstructive performance.

The Council stupidly steps itself into (again!) the Constructive Fraud Action being progressed at the Christchurch High Court by Residents/Caveators of the Yaldhurst Subdivision. Although, we see that Councillors supposedly have no idea they’re already in it up to their eyeballs through the actions of Council staff and issues of non-compliance. Interesting.

Christchurch City Council Published on Jul 26, 2017
Christchurch City Council VIDEO
27.07.17 – Item 26 – Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue

The video continues at about 1:26 after a preliminary silence [muted blue screen] – keep watching. The quality of picture is poor throughout. The discomfort of those seen in the public gallery is most perceptible.

Meeting Agenda and Unconfirmed Minutes follow here below – minus Attachment A, Yaldhurst Village Lots 601,613 Plan.

The Council did not vote unanimously.

The Halswell-Hornby-Riccarton Community Board motion was lost.

With the second motion, in short, the Council resolved that Lots 601 (residential) and 613 (commercial) on LT 448725 will be dedicated under Section 349 of the Local Government Act 1974 as a road, in order for the road to vest.

The resolution goes against the Residents’ private property rights.

See the previous post to refresh on the Residents’ situation.

Note, by the votes for, the dishonesty and incompetence present.

Note, by the votes against, the integrity of those supporting the Community Board and members of their community: the private property owners (the Residents), in their protracted, brave and courageous fight against an unjust malevolent council staff working in cahoots with unscrupulous developers.

Vicki Buck is a class act.
Rob Goldsbury, an utterly shameful man.

****

Christchurch City Council
Agenda

Notice of Meeting:
An ordinary meeting of the Christchurch City Council will be held on:

Date: Thursday 27 July 2017
Time: 10.05am
Venue: Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

….

[agenda item]
Halswell-Hornby-Riccarton Community Board

26. Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue ………. [page] 529

[the report]
Council
27 July 2017

Report from Halswell-Hornby-Riccarton Community Board  – 13 June 2017
 
26. Yaldhurst Village Subdivision – Dedication of Road – Sir John McKenzie Avenue
Reference: 17/733313
Contact: Richard Holland richard.holland@ccc.govt.nz 941 8690
 
Note that this report was left to lie on the table at the Council meeting on 6 July 2017.
 
1. Staff Recommendations
 
That the Halswell-Hornby-Riccarton Community Board recommend to the Council:

1. That Lots 601 (residential) and 613 (commercial) on LT 448725 will be dedicated under Section 349 of the Local Government Act 1974 as a road, in order for the road to vest.

2. Note that a Deed of Indemnity will be executed by Infinity Yaldhurst Limited which will indemnify and keep indemnified the Council from all actions, proceedings and claims made by any land owner in relation to the Council accepting the dedication of Lots 601 and 613 on LT 448725, as road.

3. Also note that the Council shall not be required to issue a Section 224(c) Certificate under the Resource Management Act 1991 in respect to Lots 601 and 613 on LT 448725 until all the safety audit requirements as specified by the Council, and included in the Variations of the subdivision consent, have been physically built to the Council’s satisfaction.

4. That the General Manager City Services be delegated authority to negotiate and enter into on behalf of the Council, such documentation required to implement the dedication.
 
2. Halswell-Hornby-Riccarton Community Board Recommendation to Council
 
Part A

That the Halswell-Hornby-Riccarton Community Board recommend to the Council:

1. Option 2 of the staff report, namely, That the Council not agree to a dedication process and inform Infinity Yaldhurst Limited to pursue the matter through the Courts in accordance with the Property Law Act.
 
2. That the Council agree to meet with the adjoining property owners to discuss options on a way forward regarding the Yaldhurst Village Subdivision.
 
Vicki Buck and Anne Galloway requested that their votes against the above decision, be recorded.
 
Attachments
There are no attachments for this report.

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

Yaldhurst Subdivision (former Noble Subdivision)

S T A T E ● O F ● P L A Y

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

[click to enlarge]

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

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

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

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

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

****

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

Thanks for your ongoing support Elizabeth

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

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

[ends]

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

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

1 Plan RMA92009135

2 Plan RMA92009135 hlite

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

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

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

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

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

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

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

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

[ends]

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

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

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

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Posted by Elizabeth Kerr

This post is offered in the public interest.

Esco —‘just the global hardball player we always were’, sorry staff….

Esco Dunedin was among a group of neighbouring businesses objecting to Russell Lund’s plans to redevelop the 142 year old Loan and Mercantile building, citing reverse sensitivity concerns, including over noise. The outcome of Environment Court mediation talks was yet to be revealed, but Mr Kershaw said the issue played no part in the company’s decision. (ODT)

### ODT Online Wed, 2 Sep 2015
Foundry closure ‘a blow’
By Chris Morris
Australia’s mining downturn is set to deliver a “real blow” to Dunedin’s economy with the closure of the Esco foundry and the loss of dozens of jobs. Staff at Esco Dunedin were told yesterday the foundry would close by the end of the year, with the loss of 34 jobs. Esco products division president Jeff Kershaw, of Portland, in the United States, said in a statement the decision reflected a downturn in Australia’s mining industry that showed no sign of letting up.
Read more

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TWO THINGS

█ Remember when Esco pushed this button (highlighted) at the NZ Loan and Mercantile Building resource consent hearing:

ODT Online [screenshot]

█ From file records, see Russell Lund’s percipient closing to hearing:

[para] 102. The biggest hurdle would seem to be the decline of the Australian coal mining industry. I refer to a Guardian article May 5, 2014 Australian Coalmining entering structural decline.

116. Esco have a large foundry operation in China. They employ 675 people in China.

117. I am very sure the production costs of Esco’s Chinese foundries are markedly less than in Dunedin, Portland or anywhere else. That is the ticking clock for the Dunedin foundry, and other Esco foundries.

118. The bottom line is that Esco will operate this small Dunedin foundry only as long as it serves their shareholders’ interests. If the market conditions dictate that consolidation is required and it is surplus to requirements, then they will act swiftly, as they did in Brisbane.

LUC-2014-259 RV Lund Applicant Right of Reply 22.9.14
(PDF, 6 MB)

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Related Posts and Comments:
6.8.15 NZ Loan and Mercantile Building —meeting tomorrow
13.3.15 Making heritage work | Dunedin New Zealand
7.1.15 Industrial Heritage Save: Cowes Hammerhead crane
28.11.14 NZ Loan and Mercantile Building —Resource Consent granted
26.11.14 Retraction (see comment on ‘Heritage Counts’)
● 26.9.14 NZ Loan and Mercantile Building —what ESCO said!
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing
16.3.10 Public meeting: planning the future of Dunedin heritage buildings
24.10.09 Rodney Wilson: Dunedin as national heritage city

█ For more, enter the terms *loan and mercantile*, *heritage*, *bradken* or *harbourside* in the search box at right.

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Posted by Elizabeth Kerr

NZ Loan and Mercantile Building —meeting tomorrow

“You can’t be too confident, but if we’re all reasonable I think an agreement is definitely within reach.” –Russell Lund

Farra Engineering chief executive John Whitaker agreed yesterday when contacted there had been “good work” during mediation.

### ODT Online Thu, 6 Aug 2015
Extra conditions may rescue project
By Chris Morris
Plans to breathe new life into Dunedin’s historic Loan and Mercantile building could be about to take a significant step forward. Building owner Russell Lund will meet a group of neighbouring harbourside businesses, as well as Dunedin City Council and Otago Chamber of Commerce representatives, tomorrow to discuss the stalled project.
Read more

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Related Posts and Comments:
13.3.15 Making heritage work | Dunedin New Zealand
28.11.14 NZ Loan and Mercantile Building —Resource Consent granted (pics)
26.11.14 Retraction (see comment on ‘Heritage Counts’)
26.9.14 NZ Loan and Mercantile Building —what ESCO said!
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing
24.10.09 Rodney Wilson: Dunedin as national heritage city

█ For more, enter the terms *harbourside*, *heritage* or *lund* in the search box at right.

[click image to enlarge]

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Post/image by Elizabeth Kerr

NZ Loan and Mercantile Building —Resource Consent granted

Dunedin City Council has granted resource consent with conditions (LUC-2014-259) to Russell Lund, owner of the former NZ Loan and Mercantile Agency Co Ltd Building, for the development of residential apartments on the upper (top) floor.
The building is located in the Port 2 zone and the Queens Gardens Heritage Precinct (TH12).
The entire external building envelope is listed for protection in the Dunedin City District Plan.
Heritage New Zealand has registered the former industrial warehouse as a Category 2 historic place and recognises its heritage values and significance within the registered Dunedin Harbourside Historic Area.
The building is pivotal to contextual readings and narratives for the Port of Dunedin, Steamer Basin, and reclaimed foreshore as much as future development in the Port 2 and Harbourside zones incorporating public access to the water’s edge.

Decision
The final consideration of the application, which took into account all information presented at the hearing, was undertaken during the public-excluded portion of the Hearing.
The Committee reached the following decision after considering the application under the statutory framework of the Resource Management Act 1991:

Land Use LUC-2014-259
Pursuant to section 34A(1) and 104B and after having regard to Part 2 matters and sections 104 and 104D of the Resource Management Act 1991, the Dunedin City Council grants consent to a non-complying activity being the establishment of residential activity within the NZ Loans (sic) and Mercantile Building and associated building alterations at 31 & 33 Thomas Burns Street, Dunedin, being the land legally described as Section 21-22 Block XLVII held in CRF 0T288161 (Limited as to Parcels) subject to conditions imposed under section 108 of the Act, as shown on the attached Certificate.

█ Download: LUC-2014-259 Letter of decision

Right of Appeal — In accordance with Section 120 of the Resource Management Act 1991, the applicant and/or any submitter may appeal to the Environment Court against the whole or any part of the decision within 15 working days of the notice of the decision being received.

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[click to enlarge]

Recently, architectural historian Peter Entwisle assessed the building’s significance in the national context and recommended review of the registration status to Category 1. Earlier assessment work in the 2000s commissioned by the Otago Branch Committee of New Zealand Historic Places Trust and led by Elizabeth Kerr, included the achievement of two academic studies by University of Otago history student Stephen Deed with supervision from Dr Alexander Trapeznik towards Committee review of the building’s registration and establishment of a historic area on the Dunedin harbourside. Assessment work for registration of the historic area was successfully completed by the NZHPT Otago Southland Area Office. Unfortunately, ongoing restructuring within the Trust has meant review of the building’s registration has not been prioritised or resourced. It is hoped that Mr Entwisle’s strong research will lead Heritage New Zealand to mandate the work with some urgency.

Onwards…….

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Related Posts and Comments:
26.11.14 Retraction (see comment on ‘Heritage Counts’)
26.9.14 NZ Loan and Mercantile Building —what ESCO said!
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Post and images by Elizabeth Kerr

*All images lowres only at this webpage.

NZ Loan and Mercantile Building —what ESCO said!

Land Use Consent: LUC-2014-259
31-33 Thomas Burns Street, Dunedin
NZ Loan and Mercantile Agency Co Ltd Building

█ Application LUC-2014-259 (PDF, 4.0 MB)

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[see related posts below] The consent hearing reconvened on Monday 22 September at 9:30 AM to hear closings of the city planners and right of reply for applicant Russell Lund. The hearing is now closed; commissioners Andrew Noone (chair), David Benson-Pope and Lee Vandervis are considering their decision.

Background to this post:
Following the initial hearing held on Tuesday 19 August, it is What if? Dunedin’s contention that Debbie Porteous, for the Otago Daily Times, provided news stories which failed to give appropriate weight and balance to submissions and evidence from supporting and opposing submitters, the applicant, and experts for the parties.

ODT stories:
█ 20.8.14 Demolition threatened; job loss possibility raised
Esco Dunedin site manager Dean Taig told the panel if the apartments were allowed next door he would have “grave concerns” for the future of the foundry which employed 39 people and had plans to employ 100 people.
[negative writerly tone]

█ 21.8.14 Businesses fear being driven out of area
It is a choice between buildings and jobs, a panel considering whether to allow apartments in a heritage building in Dunedin’s waterfront industrial area has been told. The district plan had already made the choice for them, lawyer Phil Page also said, because it said there could not be incompatible activities in the same area.
[negative writerly tone becomes shrill, no right of reply for applicant]

█ 29.8.14 DCC to foot apartments consent bill
The development is opposed by nearby industrial businesses, which are concerned about reverse sensitivity issues such as noise and smell and the effect of gentrification of the area on their future enterprises.
[stirring, ends with a negative, no right of reply for applicant]

What on earth had ESCO put to hearing?
● Evidence of Counsel for ESCO Dunedin Pty Ltd – D R Clay (Minter Ellison Rudd Watts Lawyers – Auckland) (PDF, 704 KB)
● Evidence of Dean Taig, site manager of ESCO Dunedin Pty Ltd Dunedin foundry (PDF, 246 KB)
● Evidence of Michael Smith, independent traffic engineering expert (Traffic Design Group) (PDF, 531 KB)
● Evidence of Shane Roberts, independent planning expert (Opus International Consultants) (PDF, 1.82 MB)

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█ These snivellings from Ms Porteous ran counter to a supportive comment by editor Murray Kirkness on Saturday 6 September:

“It is certainly encouraging that another local developer is prepared to foot the bill to preserve a distinctive piece of the city’s heritage. It is to be hoped his plans go more smoothly than those for Russell Lund’s restoration and apartment conversion of the Loan and Mercantile building. That proposal is complicated by the fact it is in the wharf area and has been opposed by neighbouring industrial businesses. The council hearing into Mr Lund’s consent application resumes this month.” (ODT)

█ On Tuesday 9 September, reporter Chris Morris also cleared the biased air of Ms Porteous, with last sentences:

“Last month, building owner Russell Lund criticised a council planner’s decision to recommend declining consent for his planned redevelopment of the New Zealand Loan and Mercantile Building. That proposal, which has attracted more support than opposition, is still being considered, with an adjourned hearing set to resume later this month.” (ODT)

Heritage advocates are awaiting something/anything in print from Ms Porteous about the applicant’s technically fulsome right of reply given on 22 September. Why the delay, we ask?

It’s pleasing to learn Murray Kirkness kindly phoned Russell Lund this evening to say a story appears in tomorrow’s newspaper.
THANK YOU MURRAY !!
We look forward to reading this, we hope….

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Related Posts and Comments:
30.8.14 NZ Loan and Mercantile Building: Looking round at potential
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Posted by Elizabeth Kerr

*Image: wikimedia.org – NZ Loan and Mercantile Building by Ben C Hill for Heritage New Zealand [NZHPT]

NZ Loan and Mercantile Building: Looking round at potential

Updated post Wed, 3 Mar 2015 at 2:39 p.m.

NZ Loan and Mercantile Building, built in stages between 1872 and 1885. Historical building and harbour views (1925) before the addition of the concrete top storey with saw-tooth roof in 1929, the space now proposed for residential use. Details from photographs reproduced in Trapeznik’s book Dunedin’s Warehouse Precinct, pp 34 & 68 [Hocken Collections]

31-33 Wharf Street, proximity to Steamer Basin and Chinese Garden
[Google Streetview 2013]

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ODT 29.8.14 (page 12)

NZ Loan and Mercantile Building with forecourt of Chinese Garden, from Rattray Street. [Elizabeth Kerr]

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### ODT Online Fri, 29 Aug 2014
DCC to foot apartments consent bill
By Debbie Porteous
The Dunedin City Council is footing the bill to process the consent required for the development of the former Loan and Mercantile Building in the harbourside area. But the chairman of the panel deciding whether to grant consent to convert the building to apartments says the historic agreement has no bearing on the decision. The no fee arrangement is the result of a council resolution dated September 2011, in which the council agreed any resource consent required for the development and use of the building at 33 Thomas Burns St should be processed at no cost to the applicant. The resolution was part of a suite of agreements resulting from the mediation process that resolved appeals to Plan Change 7: Dunedin Harbourside.
Read more

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Building details [Google Streetview 2013] – The NZ Loan and Mercantile Building, originally known as the Otago Wool Stores, was built in 1872 for stock and station agents Driver Stewart and Co. Heritage New Zealand lists the construction professionals as Walter Bell, Robert Arthur Lawson, and Mason & Wales Architects Ltd. According to Trapeznik, William Mason was the architect responsible for the plainer part of the complex in the early 1870s. RA Lawson designed the right-hand corner extension in 1880, with additions in 1883 and 1885.

█ More photos here.

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Related Posts and Comments:
18.8.14 NZ Loan and Mercantile Building #randomsmartphonepix (interiors)
17.8.14 Public Notices: NZ Loan and Mercantile Building… (site tour, hearing)
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…
18.3.14 Dunedin Harbourside: English Heritage on portside development
21.10.13 Harbourside: Access to a revamped Steamer Basin has public backing

█ For more on Dunedin’s Harbourside and Plan Change 7, enter the term *harbourside* in the search box at right.

NZ Loan and Mercantile Building (b. 1872-85), next to the former W. Gregg & Co. coffee factory (b. 1878) and the Wharf Hotel established circa 1880
[Google Streetview 2013]

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Posted by Elizabeth Kerr

● NZ Loan and Mercantile Agency Co. Ltd Building – mention by Alexander Trapeznik in Dunedin’s Warehouse Precinct at http://www.genrebooks.co.nz/ebooks/DunedinsWarehousePrecinct.pdf (2014) pp66-71

● W. Gregg & Co. coffee factory and store, Fryatt St – mention by blogger David Murray at http://builtindunedin.com/2014/02/17/thomas-bedford-cameron-architect/

● Wharf Hotel – mention by Frank Tod in Pubs Galore: History of Dunedin Hotels 1848-1984 (Dunedin: Historical Publications, 1984) p61

█ Peter Entwisle recently researched the history and significance of the NZ Loan and Mercantile Building, and presented his findings in evidence to hearing for the application (scanned):
LUC-2014-259 History and Heritage Significance of the NZL&MA Building 19.8.14 (PDF, 2 MB)

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NZ Loan and Mercantile Building #randomsmartphonepix

Updated post 19.8.14 at 9:21 p.m.

Land Use Consent: LUC-2014-259
31 & 33 Thomas Burns Street, Dunedin
New Zealand Loan and Mercantile Agency Co Ltd Building

█ Consent Hearing reconvenes — Wednesday 20 Aug at 2:00 PM
ALL WELCOME | Edinburgh Room, Municipal Chambers, The Octagon

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Related Posts and Comments:
17.8.14 Public Notices: NZ Loan and Mercantile Building…
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Post and images by Elizabeth Kerr

*Images: Public site tour held on Monday afternoon, 18 August 2014 – hosted by building owner Russell Lund in association with Stewart Hansen of the Wharf Hotel (50 participants)

Public Notices: NZ Loan and Mercantile Building #SiteTour #ConsentHearing

Land Use Consent: LUC-2014-259
31 & 33 Thomas Burns Street, Dunedin
New Zealand Loan and Mercantile Agency Co Ltd Building

█ Consent Hearing — Tuesday 19 August at 9:00 AM
Edinburgh Room, Municipal Chambers, The Octagon

█ DCC Planner’s Report (PDF, 4 MB)

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Related Posts and Comments:
13.8.14 Chamber’s Own Goals —Heritage (letters)
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Posted by Elizabeth Kerr

*Image: wikimedia.org – NZ Loan and Mercantile Building by Ben C Hill for New Zealand Historic Places Trust

Chamber’s Own Goals —Heritage

Peter McIntyre and John Christie from the Otago Chamber of Commerce had lots to say about the rejuvenation of Dunedin’s heritage fabric and the city’s “vibrancy” after their trip to Portland, Oregon in 2011. What they said then is directly contradicted by the Chamber’s submission on the application for resource consent to redevelop the New Zealand Loan and Mercantile Building (31-33 Thomas Burns Street) for residential use.

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█ Full annotated copy | CoC Own Goals – Heritage (PDF 1.51 MB)

Related Posts and Comments:
11.8.14 NZ Loan and Mercantile Building (audio)
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Posted by Elizabeth Kerr

NZ Loan and Mercantile Building

### radionz.co.nz Mon, 11 Aug 2014
Radio New Zealand National – Jim Mora with The Panel
The Panel with Michael Deaker and Sue Wells (Part 1) ( 23′ 8″ )
16:07 Topics – we’ve heard from the doctors union the Association of Salaried Medical Specialists that 42 per cent of our senior doctors now qualified overseas. [discussion starts at 14:50 minutes in] The grand old New Zealand Loan and Mercantile Building in downtown Dunedin, developer Russell Lund wants to restore this category two building dating from 1872 and create a 24-unit apartment complex but there is significant opposition due to noise concerns.
Audio | Downloads: Ogg MP3

█ http://www.radionz.co.nz/national/programmes/thepanel

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Land Use Consent: LUC-2014-259
31 & 33 Thomas Burns Street, Dunedin
New Zealand Loan and Mercantile Agency Co Ltd Building

█ DCC Planner’s Report (PDF, 4 MB)

Related Post and Comments:
8.8.14 NZ Loan and Mercantile Agency Co Ltd Building…

█ For more, enter the terms *loan and mercantile* or *harbourside* in the search box at right.

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Posted by Elizabeth Kerr

*Image: wikimedia.org – NZ Loan and Mercantile Building by Ben C Hill for New Zealand Historic Places Trust (now Heritage New Zealand)

Significant Tree: 28A Heriot Row

Proposed for Removal: Significant Tree T578

Submissions Close: 30/05/2014

Notification of Application for a Resource Consent – Under Section 93(2) of the Resource Management Act 1991.

The Dunedin City Council has received the following application for Resource Consent:

Application description
Resource consent is sought to remove a significant tree at 28A Heriot Row, Dunedin. The tree is a Maple Tree (genus Acer) and is recorded as T578 in Schedule 25.3 of the Dunedin City District Plan. The tree is located in the front yard of the subject site.

The site is legally described as Part Section 30 Block XXIV Town of Dunedin, held in Computer Freehold Register OT96/150, and has an approximate area of 463m2. The site is located within the Royal Terrace/Pitt Street/Heriot Row Heritage Precinct (TH08).

Applicant: John and Evellen Jackson of Drysdale Ltd – 142 Stafford Drive, Ruby Bay, Mapua 7005

Read more:
http://www.dunedin.govt.nz/council-online/notified-resource-consents/current-consultation/significant-tree-28a-heriot-row

Quick Find: Application LUC-2014-157 (PDF, 882.3 KB)

Light green circle indicates trunk position of Maple tree at 28A
Sketch concept for site development supplied by applicant

DCC Webmap showing proximity of Ritchie House, 26 Heriot Row

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The applicant only seeks removal of the listed tree; a second resource consent application would be required to develop the subject site, since it is located in the heritage precinct.

SUBDIVISION HELL AT HERIOT ROW
The subject site is part of the former garden allotment, with original brick garage, of the Heritage New Zealand listed Category 1 Historic Place, the Ritchie House at 26 Heriot Row. This large, outstanding Arts and Crafts house and the brick garage were designed by renowned Dunedin architect Basil Hooper.

The applicant bought the property knowing the Significant Tree (Maple) was listed for protection in the district plan. The tree does not preclude development of the site; and note there is a covenant in place.

Independent consulting advice from an arborist, a landscape architect, and a design architect, to the Hearing Committee should be mandatory for consideration of the application. An opinion should also be sought from Heritage New Zealand (heritage precinct).

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Heritage New Zealand registration information for 26 Heriot Row – go to Assessment criteria at http://www.heritage.org.nz/the-register/details/7492

Dunedin Heritage Fund
(administered by Heritage New Zealand and the Dunedin City Council)
2004. The owners of Ritchie House received a $20,000 loan to assist with a range of restoration works.

Seen from 28 Heriot Row – 28A garden with Maple tree, and 26 Ritchie House

Related Post and Comments:
22.2.13 DCC: Significant Trees

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Posted by Elizabeth Kerr

Owen Graham, heritage advocate

### ODT Online Sun, 20 Oct 2013
Wins and the odd loss in preservation game
By Rosie Manins

Owen Graham, of Dunedin, counts the preservation of the Athenaeum Library in the Octagon as one of the highlights of his six years as the Otago-Southland area manager for the New Zealand Historic Places Trust.
Longtime heritage advocate Owen Graham hopes his grandchildren will benefit from his work to preserve Otago’s history.
Mr Graham recently ended his six-year tenure as the Otago-Southland area manager for the New Zealand Historic Places Trust (NZHPT).
The Dunedin resident spent about 26 years before that in a similar role for the Department of Conservation, and said going into the corporate industry after more than three decades working for the Government was a refreshing change.
His work to advocate the values of heritage throughout the region was often met with opposition and was not without controversy.
Read more

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Related Posts and Comments:
9.4.13 DCC sells Athenaeum, 23 The Octagon
9.6.12 City Property to compete more obviously in the market…
17.1.12 DCC living beyond its means [all spending and debt not declared]
21.2.11 The proactive heritage development lobby EXISTS in Dunedin

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Posted by Elizabeth Kerr

*Image: odt.co.nz – Owen Graham, re-imaged by Whatifdunedin