Tag Archives: High Court injunction

DCC comments ahead of court action, why?

DCC admits mistake as case back to court
http://www.odt.co.nz/news/dunedin/206000/dcc-admits-mistake-case-back-court

Local businessman Doug Hall obtained a High Court injunction in August last year, upset at the impact the highway realignment was having on access to his property on Anzac Ave. Mr Hall shall have his day in court which is the only proper place to settle matters of this import against the council’s historic actions.

DCC have been playing silly beggars to date; the council’s comments in the Otago Daily Times today are further proof. The council has accepted it erred by failing to notify Mr Hall, as an affected party, during the land designation process undertaken prior to the highway realignment’s construction.

“We said, when looking at it after a bit of a discussion, we should have involved him. We’ve said we’ll re-do the designation process.” -Tony Avery

The second designation will mean extra legal, planning and staff costs for the council, “although Messrs Hamilton and Avery could not say how much the council had spent to date on the dispute”.

‘Could not say’ or ‘would not say’?
What else isn’t Dunedin City Council saying.

Related Post and Comments:
23.8.11 Stadium project tangles

Posted by Elizabeth Kerr

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Stadium project tangles

### ODT Online Tue, 23 Aug 2011
Injunction snuffs out stadium traffic lights
By Matthew Haggart
A High Court injunction obtained by an Anzac Ave landowner will not allow the Dunedin City Council to operate traffic lights at the Frederick St intersection with State Highway 88 near Forsyth Barr Stadium.

The directors of two companies, which are listed as ratepayers on Anzac Ave, sharing an access opposite the Frederick St intersection, Hall Bros Transport and A.J. Allen Ltd, declined to comment about the traffic lights. Council transportation operations programme engineer Mike Harrison said the lights were unlikely to be operational until after the four Rugby World Cup games at the stadium.

Read more

Related posts:
27.8.09 $294.8m investment for Otago region
2.9.09 SH88 realignment past stadium
20.11.09 Interesting. SH88 realignment.
24.2.10 SH88 realignment: Are ratepayers buying the land twice?
31.3.2010 SH88 realignment
21.4.2010 SH88 realignment – update
29.5.10 Stadium site purchases
7.7.10 Goodbye to great store buildings in Parry St
21.7.10 SH88 realignment – update

Posted by Elizabeth Kerr

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Filed under Construction, Design, Politics, Project management, Site, Stadiums, Town planning, Urban design

Updated: StS to Court of Appeal

That’s all What if? can reveal for now. News came through earlier today. Cr Walls also alerted our site this evening. I guess we properly wait for things to pass into public domain via the REAL news . . . and as to what’s in the application documents.

Somebody had to get the money up front for this latest action . . .

As I said to my co-author today, no wonder BB is fluffed up this week.

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From the Notice of Appeal:

What are the specific grounds of your appeal?
The Learned Judge erred in finding that the Respondent’s decision to enter into the contract for the construction of a sports stadium at Awatea Street, Dunedin was not prohibited by section 97(1)(d) Local Government Act 1992 as the evidence established that the project had changed significantly from that provided for in the Dunedin City Council Long Term Plan.

Yep, we’ll leave the rest to the newspapers . . .

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StS hasn’t dropped a media release today, no email to members either – same old, don’t tell your members what your governance committee is up to . . . especially, if it’s going to cost a power of money to take the action, and much more if unsuccessful. Sigh.

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Full story from this morning’s ODT here.

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StS: 'Not the end'…

### D Scene 29-4-09 (page 4)
Stadium opponents watching closely
By Michelle Sutton

Stadium opponents are issuing a warning to Dunedin City Council, despite losing its High Court battle. Stop the Stadium’s High Court bid to block the Otago stadium was turned down by Justice Lester Chisholm who said it didn’t get “past first base”.
{story continues}

Register to read D Scene online at http://fairfaxmedia.newspaperdirect.com/

### D Scene 29-4-09 (page 4)
Stop the Stadium’s shy backers

Anonymous donations from publicity shy businessmen are helping fund Stop the Stadium’s legal fight with Dunedin City Council.
{story continues}

Other stories in D Scene:

    ‘Long-lasting legacy’ – McCully (page 4)
    Re-tender for locals – Farry (page 5)
    Redundant Keith’s a huge stadium fan (page 5)
    Sukhi’s call to arms (page 10)
    Word of the week: underwrite (page 11)
    Letter: Don’t spoil oil – Jeff Dickie (page 11)

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20 April Extraordinary Meeting of Council: Agenda and Report

Agenda – Council – 20/04/2009 (PDF, 13.5 kb, new window)

Report – Council – 20/4/2009 (PDF, 472.5 kb, new window)
This report identifies progress made in meeting the terms and conditions the Council has set down for construction of the Awatea Street Stadium to be known as the Forsyth Barr Stadium at the University Plaza.

The recommendations in the Report are:

1 That this report is received.

2 That the GMP, including escalation, from Hawkins Construct Ltd of $130,414,595 be accepted noting that the total project cost, including professional fees and adjusted sums is $164,012,035 and that there is an unallocated construction contingency of $1,387,865 for a total construction project cost of $165,400,000.

3 That progress in meeting the Dunedin City Council’s resolution 7 passed at a meeting held on 9 February 2009 which committed the Council to the Awatea Street Stadium project on the following terms and conditions be noted:

7a) Confirmation of Otago Regional Council funding of not less than $37.5 million – This has been confirmed by the Otago Regional Council.

7b) Satisfactory conclusion to the planning process and approval of a Plan Change by the Courts – The appellants have withdrawn their appeals to the Environment Court and the Council has declared the Plan Change operative.

7c) i) The Rates and Funding Working Party continues to identify ways in which the ratepayers contributions to the capital cost of the stadium can be reduced by $20 million providing it comes from sources other than the Holding Company – This is not a requirement to be completed before the signing of the contract.

ii) Discussion and agreement with the ORC occurs on the sharing of any external funding which reduces ratepayer costs – Discussions are underway between the Council’s General Manager Finance and Corporate Support and the Otago Regional Council’s Director Corporate Services.

7d) That Council retains the funding line in the draft LTCCP for the project – The Council has retained the funding line in the draft LTCCP for the project which is consistent with last year when the substantive consultation took place with the community of Dunedin.

7e) That a funding source to meet the $15 million shortfall in private sector funding be confirmed – The Government has agreed to underwrite the $15 million shortfall in private sector funding and discussions are underway to confirm the detail of this arrangement. The Hon Murray McCully is meeting with the Mayor, Deputy Mayor, representatives from CST and officials on Wednesday 15 April 2009 to further progress this.

7f) That the DCC instructs the CST to continue to investigate ways be either:
i) savings on the GMP budget
ii) additional funding over and above the target of $45.5 million
iii) to address the $3 million shortfall of funding from the target of $10 million, from the Otago Community Trust.
The Carisbrook Stadium Trust and its project delivery team are aware of the need to investigate ways to find the $3 million shortfall in funding from the Community Trust of Otago which has been confirmed at $7 million rather than the targeted $10 million and also continuing to raise funding over and above the $45.5 million private sector target.

Attachments
1 Hawkins Construction Ltd letter of 15 April 2009
2 Layman’s Guide to the Construction Contract from the City Solicitor

Posted by Elizabeth Kerr

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