Tag Archives: Decision

Screening tonight: Paradigm Episode 2! Local Government Corruption in NZ #Sky #YouTube

Updated post
Tue, 15 Sep 2015 at 1:25 a.m.

███ A “MUST” WATCH
Vincent Eastwood Published on Sep 14, 2015
Local Governance & Corruption, Paradigm Episode 2 Vinny Eastwood
Episode 2 of PARADIGM broadcasted on Face TV Sky Channel 083 on September 14th 2015 at 9pm NZT

TOPIC: Local Governance & Corruption
GUESTS: Bruce Rogan from the Mangawhai Residents and Ratepayers Association with activist and Mayoral candidate Penny Bright.
● How privatisation and secretive powerful roundtable groups (comprised mostly of large companies) have led to the rise of unelected, unaccountable officials.
● The utter refusal of EVERY SINGLE AUTHORITY in New Zealand to investigate corruption.
The police, the judiciary, the ombudsman, the minister for local government, the auditor general, political parties, the list goes on, every authority whose job is to investigate, prevent or punish corruption actually supports it!
● Why local citizens have no rights and why local government has no rules.

FACE FACT KIWIS
Believing NZ is corruption free was the very mechanism by which criminals took control of our country. The only reason NZ is #2 on Transparency International’s “perceived” least corrupt countries in the world list, is we’re the 2nd best in the world at concealing our corruption.

Vincent Eastwood Published on Sep 12, 2015
Paradigm Episode 2 coming soon! Local Government Corruption
PLEASE SHARE THIS!
Help me get as many people as possible to watch the show tomorrow night!
9pm NZT

Received. [names deleted]
Mon, 14 Sep 2015 at 4:00 p.m.

Re: DOCO ON CORRUPTION, AND MEMBERSHIP RENEWAL.

Tonight (14 September, 9:00pm) on Sky channel 83 there will be an episode of Paradigm which will feature the Kaipara Scam. Paradigm is a program that is the brainchild of a guy called Vinny Eastwood, and it is not an exaggeration to say that Vinny has picked up the ball that John Campbell (or rather Channel 3) dropped. Promo for the programme is at https://www.facebook.com/vincenteastwood/videos/10153220793607879/
Vinny has a deceptively casual and disarming manner that belies a very serious commitment to exposing corruption and fraud (he calls it scumbaggery).
As an MRRA member you will already be aware of the degree of scumbaggery besetting Kaipara, but it is highly unlikely that your friends and relations will grasp the scale of what is happening in New Zealand. Please do yourself a favour and send this email to everyone in your circle, especially your adult children, who are going to be wealth-stripped by the corporates that are taking over. Add your personal plea that they take a few minutes away from Coronation Street and watch something that might actually affect their lives.
Our financial year ends on 31 October. We want everyone to renew their membership please and we want new members from all over the country (world!) as we mount the final campaign to get justice for the country’s ratepayers. Please renew – don’t just leave it to the other guys to carry all the water. What other association can you think of that supplies over forty free informative newsletters per year?!, and has an executive team that is prepared to go to jail to defend your rights! (informative might be stretching it, but beauty is always in the eye of the beholder, going to jail is still a real possibility!).
The annual sub is still only $15.00 per family, or $10.00 single, and we have put no limit on donations, because we do not want to discourage that philanthropic person out there with $100,000 they have no further use for.
The account number is 38 9012 0318164 00 or cheques to MRRA at Box 225 Mangawhai 0540. Make sure please to include your membership number […], and if you are a new member please provide a name and phone number so we can call you and get all the details.

Kind regards,
MRRA Executive Committee.
[Mangawhai Residents and Ratepayers Association]

█ More at Kaipara Concerns (online news):

LOCAL GOVERNMENT CORRUPTION SCAM 14.09.2015
Tonight, Monday night (14 September 2015), 9pm on Face (access) TV. Sky network channel 83.

NZ’s MASSIVE Local Government Corruption Scam, Paradigm Episode 2

Bruce Rogan (Mangawhai Ratepayers) and Penny Bright interviewed by Vinny Eastwood on council corruption in New Zealand.

See the promo video here. #Facebook

See Bruce Rogan’s rates revolt speech here. #YouTube

Related Posts and Comments:
28.8.15 Joel Cayford: ‘Mangawhai Ratepayers at Court of Appeal’
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
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
11.4.14 Councils: Unaccountable, ready to tax? #DCC #ORC
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

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Joel Cayford: ‘Mangawhai Ratepayers at Court of Appeal’

Link received. [Hooray!]
Fri, 28 Aug 2015 at 10:50 a.m.

Joel Cayford (via Twitter)### joelcayford.blogspot.co.nz Thu, 27 August 2015
Mangawhai Ratepayers at Court of Appeal

Joel Cayford [‘Reflections on Auckland Planning’] updates the Court of Appeal hearing (25-26 August) – Mangawhai Ratepayers and Residents Association v Kaipara District Council – in front of Justice Rhys Harrison, Justice Mark Cooper, and Justice Forrest Miller.

Mangawhai Ratepayers and Residents Association (MRRA) is represented by Matthew Palmer QC and barrister Kitt Littlejohn. David Goddard QC represents the council.

Cayford summarises the “causes of action for this hearing – which followed the judicial review heard by Justice Heath (posts here and here)”:

“that the Kaipara District Council (KDC) does not have the power to rate for unlawful purposes. That KDC acted unlawfully in deciding to enter into and expand the Ecocare Wastewater Scheme, and that it could not then enforce rates on ratepayers.

“that the Validation Act did not retrospectively validate ALL matters stemming from those unlawful decisions. It only validated various historic rating defects. Significant matters – including the additional $30,000,000 loan were not dealt with or validated by the Validation Act.

“that the KDC acted inconsistently with the Bill of Rights Act by initiating Validation Legislation which had an effect of undermining MRRA judicial review proceedings – to which they had a right.”

Of critical interest, Cayford says Matthew Palmer, in his closing, “told the Justices, to the effect: “a consequence of adopting the arguments of my learned friend would mean that any Council in New Zealand can breech Local Government Act provisions with impunity, leave ratepayers with the bill, and mean that Long Term Plans all become window-dressing, ratepayer submissions become meaningless. That cannot have been what Parliament intended.””

█ Read Cayford’s excellent post and reader comments here.

LinkedIn: Joel Cayford

Although the Court of Appeal ruling is some way off, fallout might very well illuminate effects of the Dunedin stadium rort, council debt loading and issues of general competency.

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
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
29.5.14 Mangawhai Ratepayers and Residents Assn wins at High Court
11.4.14 Councils: Unaccountable, ready to tax? #DCC #ORC
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

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John Wickliffe House, 265 Princes Street LUC-2014-203 | Decision

Received by mail this morning, the Decision for the resource consent application (LUC-2014-203) to paint John Wickliffe House in The Exchange.

Phil Page (legal counsel) represented the applicant, Nick Baker of Baker Garden Architects, consulting architect and agent for the Plaza Property Trust.

Declined.

Decision
The final consideration of the application, which took into account all information presented at the Hearing, was held 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. In addition, a site visit was undertaken during the public-excluded portion of the Hearing. The Committee inspected the site and some other buildings referred to during the hearing and this added physical reality to the Committee’s considerations.

That, pursuant to Sections 34A and 104C and after having regard to Part II matters and Section 104 of the Resource Management Act 1991, The Dunedin City Council declines consent to the restricted discretionary activity to paint John Wickliffe House on the site at 265 Princes Street, Dunedin, being that land legally described as Section 6 Block XLIV Town of Dunedin held in Computer Freehold Register OT 18A/1024.

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 this decision within 15 working days of the notice of this decision being received.

█ Download: John Wickliffe House LUC-2014-203 Decision 12 11 14

John Wickliffe House - Baker Garden Architects _1JW House exisiting [deltapsych.co.nz]

Acknowledgements

Related Post and Comments:
17.7.14 John Wickliffe House – application to paint exterior

Posted by Elizabeth Kerr

*Images: Baker Garden Architects – proposed paint scheme; deltapsych.co.nz – John Wickliffe House, existing surfaces

34 Comments

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Mangawhai Ratepayers and Residents Association Inc wins at High Court

v Kaipara District Council

Brilliant ~!!!

Case webpage:
http://www.courtsofnz.govt.nz/cases/mangawhai-ratepayers-and-residents-association-inc-v-kaipara-district-council

The decision (date of judgment 28 May 2014):
http://www.courtsofnz.govt.nz/cases/mangawhai-ratepayers-and-residents-association-inc-v-kaipara-district-council/at_download/fileDecision
(PDF, 332 KB)

● Decision is not sealed.

Posted by Elizabeth Kerr

18 Comments

Filed under Business, Democracy, Economics, Events, Inspiration, Name, New Zealand, People, Politics, Project management

Hotel: Rosemary McQueen on consent decision LUC 2012-212 (41 Wharf St)

41 Wharf Street, Dunedin 1 (DCC WebMap)41 Wharf Street, Dunedin (DCC WebMap)

Copy supplied.
Also published at Otago Daily Times (page 17).

### ODT Online Wed, 26 Feb 2014
Opinion
Hotel decision was legal, not political
By Rosemary McQueen
Two related misapprehensions run through nearly all the comment on the application to build a 27-storey residential building in the industrial zone.

The first is that the reason the development was rejected was that a minority of noisy nay-sayers objected to the proposal. Yet, had 500 supporters put in submissions and only 4 or 5 naysayers, the decision would have been the same. The decision was not made on the basis of counting heads (though no doubt the planners were gratified that the District Plan’s provisions were so whole-heartedly supported by the populace) but on the basis of law. The developers want to build their accommodation block in an industrial area. Residential activity is specifically excluded from this area and only allowed at the discretion of the court hearing the application. Discretionary treatment can only be accorded if the effects of the variation to what is allowed are minor and the general intention accords with the aims and objectives of the district plan. The applicants’ arguments to this effect were rejected at law – not by counting heads. Until that decision is found to be wrong, or those aspects of the proposal change, it can not proceed.

There is also a view that the the city council could and should have found a way of overturning – or at least of getting round – the planning committee’s decision. This is a misapprehension because the decision is a legal one that can only be overturned by a higher court and the council is not a court. The negotiations that have been taking place have been around trying to find a site and design that complies with the city’s district plan and the developers’ needs. By describing the setback to the development as “red tape” the ODT implied that the development’s lack of progress since being rejected by the planning committee is caused by overweening bureaucracy. But Ms Song has made clear that the site and design are not negotiable. How can the lack of progress be the fault of red tape when the impediment is so clearly the developers’ intransigence, despite having had their application for that site and design turned down because it doesn’t meet the law?

By insisting the proposal is non-negotiable during their discussion with the city, the developers appear to believe that overturning the planning decision is on the discussion’s agenda and within the council’s power. Instead of dismissing any such suggestion, the ODT and the Chamber of Commerce have encouraged them in the view that the council can change or flout the law in order to allow the development to go ahead. Fostering these misapprehensions has led to unnecessary division in the city. It’s time to stop accusing bureaucrats and antis of holding up progress and start explaining why changes to our built environment are not effected by political whim, but are, and need to be, conducted by rule of law that has undergone full democratic process.

ODT Link

Related Posts and Comments:
14.2.14 Hotel: The height of arrogance
25.6.13 Hotel/Apartment Tower decision to be appealed

For more, enter *hotel* in the search box at right.

Posted by Elizabeth Kerr

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SH88 realignment: decision to Environment Court?

Updated Post 3.9.13 at 1:30pm

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

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

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

ODT Correction 3.9.13 (page 3):

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

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

Posted by Elizabeth Kerr

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SH88 notice of requirement

DIS-2013-1 Location Map 1

DIS-2013-1 Fredrick St - Ravensbourne Rd (detail)Affected Party: Anzide Properties Ltd

Doug Hall, who was informed about the designation process on Thursday, said he was going to fight the issue. ”I have no choice. It is a safety issue. Someone is going to get killed on that road.”

### ODT Online Sat, 3 Aug 2013
Hall to oppose designation
By Hamish McNeilly
Dunedin businessman Doug Hall remains defiant after the Dunedin City Council confirmed it was revisiting the designation process for an affected area of State Highway 88. Yesterday, the council announced it had lodged a notice of requirement to restart the designation process, after negotiations stalled following a botched handling of the original process.
DCC general manager infrastructure and networks Tony Avery said the section of road had not been legally designated and the council acknowledged it had made process mistakes when trying to designate it earlier.
Last year, the Otago Daily Times reported the council had spent $485,000 over 18 months to try to find a solution, and it was too early to say how much the designation process would add to the final tally.
Read more

● Submissions on the notice of requirement, which is publicly notified today, close on August 30.

Dunedin City Council – Media Release
Designation Process for Part of State Highway 88

This item was published on 02 Aug 2013.

The Dunedin City Council has lodged a Notice of Requirement to start afresh the designation process for the section of State Highway 88 near Anzac Avenue.
The Notice of Requirement is a formal process to have land designated as road. It will be publicly notified tomorrow.
DCC General Manager Infrastructure and Networks Tony Avery says the new section of SH88 has been in use since July 2011, but has not been legally designated. The DCC has previously acknowledged that it made process mistakes during an earlier attempt to designate the road.
Temporary traffic controls have been in place since the new section of road was opened, while the DCC negotiated with an adjacent landowner over access arrangements.
“Those negotiations were ultimately unsuccessful, despite the best intentions of all parties, so we are now proceeding with the formal legal process to have the road designated.”
Once the designation proposed is approved, traffic lights at the intersection of Anzac Avenue and Frederick Street would be activated, and the Ward Street bridge ramp would be re-opened to provide much-needed access to the Harbourside area, Mr Avery says. Access to the adjacent properties is to be provided as well, consistent with acceptable standards and in a safe manner.
The DCC is confident the changes are in the best interests of the public.
Submissions on the Notice of Requirement will close on 30 August.

Contact General Manager Infrastructure and Networks on 477 4000.
DCC Link

DIS-2013-1 Layout PlanDIS-2013-1 Fredrick St – Ravensbourne Rd Layout Plan

Territorial Authority’s Requirement for Two Designations
DIS-2013-1 Fredrick Street – Ravensbourne Road

The requirement is for:
The Notice of Requirement seeks to designate two areas of land. Designation 1 is for part of the Dunedin Harbourside Arterial and will link Anzac Avenue (D465) with Ravensbourne Road (D845) to the south of Parry Street West. Designation 2 is for the Dunedin Harbourside Arterial – Access Road which will provide access from the Designation 1 area to the site at 80 Anzac Avenue.
Read more + Official Documents/Maps

### 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.
Read more

Judgment-221310 (PDF, 109 KB)

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

Posted by Elizabeth Kerr

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