Commercial residential, 143-193 Moray Place : ODT bias, ignores arguments of opposing legal experts

THUS we gather that the owners/editorial team of the Otago Daily Times have deemed Anthony Tosswill’s proposal for a tall fat Moray Place apartment building (commercial residential) is worthy of being built. Ra Ra ODT.

If you (ODT) want to print half the story, presume away…. to Not be the independent courier of what is public information contrary to the arguments of the greying Mr Page, Counsel for Mr Tosswill’s NZ Horizons Hospitality Group Ltd (widely suspected as a vehicle for Asian finance, yet to bring even one of “12 hotels” on his South Island wish list out of the ground – funny that).

For your attention :
The legal submissions of Ms Semple, Counsel for Millennium and Copthorne Hotels New Zealand Ltd (owner of the 3 star Kingsgate), an affected party.

Ms Semple maintains that the application cannot be lawfully unbundled.

█ Legal Submissions on behalf of the Millennium and Copthorne Hotels
█ Casebook for the Millennium and Copthorne Hotels

The legal submissions of Mr Hardie, Counsel for Misbeary Holdings Ltd are not yet available online at the DCC website.

[click to enlarge]

LOLOL

At Facebook:

If the independent commissioners agree with Mr Page then it’s “See you in Court, Buster”.

—

Posted by Elizabeth Kerr

This post is offered in the public interest.

DCC overlooks due process and Environment Court rulings for Mosgiel road hierarchy

Taieri Times / Otago Daily Times fails to understand or elaborate (no research!) the issues raised by local resident and business owner Brian Miller in his submission to the Transportation section of the proposed 2GP.

Mr Miller and his family have lived on Riccarton Rd for the last thirty years. In that time, variously, DCC have planned – and carried out supporting construction works – to enable Hagart-Alexander Dr (HAD) as an arterial route taking heavy vehicles ‘safely’; DCC have been to Environment Court on the matter, receiving clear rulings and sets of conditions bringing about these construction works; since then, however, DCC have formed the view – contrary to the Court rulings and agreed structure plans – that the arterial route should be Riccarton Rd, not HAD. Former city councillor and deputy mayor Sydney Brown has a residential subdivision to HAD.

Who is pulling whose chain here ?
DCC, in changing your minds, where is the due (fair and proper) process of public consultation ?

Are flicks of the pen all that DCC does now.

The Sin : City Planning, in its 2GP recommendations for the Taieri roading hierarchy fails to acknowledge legal determinations of the Environment Court of New Zealand and insodoing the council may be seen as INJUDICIOUS. Court rulings cannot be ignored holus-bolus to suit DCC fairyland futures for the Taieri.

[Sources at Dunedin say this is not the only case of DCC’s recent lack of regard for the Court.]

Further, to underline…. during the ‘Revised Planner’s Recommendations’ on February 10, the city planner was heard to say they regarded information presented in submission(s) as “old” – the strong inference being that Environment Court rulings do not count; or worse, that they had no idea any matters had, in fact, been to court. The City thus appears sunk on a problem of integrity, lawful or otherwise.

This situation simply would not arise if greater supervision and TRAINING was provided to salaried council underlings involved in 2GP processes. They must be fully cognisant of the history and implications of relevant legal rulings made in respect of council activities. That way they could see the trees for the wood when the likes of ex staff appear for ‘advice’ to hearing in trite bouncy-rat mode.

[The implications of contempt should perhaps be underscored instead of multiple teabreaks culture at the Civic Centre.]

Lastly, in god we trust…. the independent commissioners Messrs Collins and Rae are NO FOOLS.

WAKE UP DUNEDIN CITY COUNCIL, or
We The People will see you in Court.

[ends]

****

2GP Hearing Topic: Transportation
Hearing dates: February 1, 2, 3, 8
Revised Planner’s Recommendations: February 10 [● DCC to upload]
Commissioners: David Collins (Chair), Gary Rae, David Benson-Pope, Aaron Hawkins, Jinty MacTavish, Kate Wilson

THE SUBMISSION | Statement tabled at hearing

Note: Brian Miller gave his family trust’s 28-page submission (plus attachments) on the 2GP Transportation topic in the hearing of independent commissioners David Collins and Gary Rae, only. To avoid conflicts of interest, at Mr Miller’s request and with the Chair’s agreement, no councillor commissioners were present for the submission.

█ H180-421 BJ & AJ Miller family trust (PDF format)

In an email to Elizabeth Kerr (6.2.17), Brian Miller said: “Probably the most important part of our submission is point 3.3, pages 20 to 22.” :

[click to enlarge]

****

[click to enlarge]
2GP Data Map (Roads)

2GP Zone Map

****

█ 2GP Hearing Topic: Transportation Link

Council Evidence (PDF format)
● Section 42A Report
● Appendix 1 DCC Operative Plan Road Hierarchy
● Appendix 2 Road DCC submission – road classification hierarchy corrections
● Appendix 3 Christchurch District Plan Replacement abstract
● Appendix 4 Transportation figures
● Appendix 5 2GP Section 6 – Transportation
● Statement of Evidence of Ian Clark
● Statement of evidence – Grant Fisher
● Amendment to Section 42a Report Transportation

Statement tabled at hearing (PDF format)
█ Transport Advice from Sarah Connolly – Principal Consultant Transport Planning – MWH

—

Related Posts and Comments:
5.2.17 Maurice Prendergast : Defence of 60 year old arterial corridor #2GP
30.5.16 Non-arterial Riccarton Road : Brian Miller stirred by community board
5.6.14 DCC Transport Strategy and Riccarton Road
24.4.14 DCC promotes Riccarton Rd as sole heavy traffic bypass

—

Posted by Elizabeth Kerr

This post is offered in the public interest.

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

****

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.
Read more

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”

****

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.
Read more

—

Posted by Elizabeth Kerr