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

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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

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

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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

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Posted by Elizabeth Kerr

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

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? …

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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

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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

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Posted by Elizabeth Kerr

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.

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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

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.

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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

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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]

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█ 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

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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

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Posted by Elizabeth Kerr

Joel Cayford: ‘Mangawhai Ratepayers at Court of Appeal’

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

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### 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.

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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

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Posted by Elizabeth Kerr

Dunedin to host LGNZ 2016 conference —FFS TIME TO TAKE IT OUT

Dunedin City Council – Media Release
Dunedin to Host 2016 LGNZ Conference

This item was published on 21 Jul 2015

Dunedin is all set to host the Local Government New Zealand (LGNZ) Conference for 2016 as this year’s conference wraps up in Rotorua today. LGNZ announced Dunedin as the host city for next year’s conference this week. The conference will bring up to 600 delegates to the city from 24-26 July 2016. Delegates will include mayors, chairs, chief executives, councillors and senior management from New Zealand’s councils as well as senior government ministers and stakeholders from the private sector, businesses, central government and non-government agencies.

[PROFLIGATE SPENDER ALERT] Mayor of Dunedin, Dave Cull says, “This is great opportunity for us to showcase Dunedin as a conference destination to the rest of the local government family. We don’t often get the chance to welcome people to Dunedin from every part of New Zealand at once. Delegates will get to experience New Zealand’s only UNESCO City of Literature, Gigatown winner and the country’s wildlife capital firsthand. It will also be an opportunity for all kind of councils to look at the challenges they have in common and discuss solutions.”

[DEBT-SPENDING PROPONENT ALERT] LGNZ President, Lawrence Yule says he is delighted the conference is returning to the deep south. “We have had a number of conferences in Dunedin over the past 20 years and the southern hospitality is always great,” he says. “The city has completed a significant upgrade of the hosting facilities at the Dunedin Centre and Town Hall and you put forward a very strong bid.”

The conference bid was made by Dunedin Venues and Enterprise Dunedin at the start of the year. They presented the Dunedin Centre and Town Hall facilities for the event and used Dunedin’s reputation for innovation, creativity and wildlife as a drawcard.

Contact Dave Cull, Mayor of Dunedin on 477 4000. DCC Link

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Related Posts and Comments:
21.5.15 DCC and LGNZ, total losers
2.2.15 LGNZ run by Mad Rooster Yule, end of story
14.1.15 DCC Draft Long Term Plan: more inanity from Cull’s crew pending
13.1.15 Government’s council tax freeze
27.11.14 Auditor-general Lyn Provost #Resign
3.11.14 DCC: What happened to $20 million cash on hand? #LGOIMA
10.10.14 Cull consorts with losers at LGNZ
8.10.14 Stadium: Liability Cull warns ratepayers could pay more to DVML
18.9.14 DCC considers sale of “149 properties”
5.8.14 DCC staff-led CBD projects that impact ratepayers….
30.7.14 Dunedin City Council | Consolidated council debt
5.7.14 DCC’s debt level — who do you believe?
26.6.14 LGNZ #blaggardliars
23.6.14 DCC Annual Plan 2014/15 + Rugby and Rates
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
11.4.14 Councils: Unaccountable, ready to tax? #DCC #ORC
31.3.14 Audit services to (paying) local bodies #FAIL ● AuditNZ….
29.1.14 Mangawhai, Kaipara —we hear ya!
3.12.13 LGNZ: OAG report on Kaipara
7.10.13 DCC councillors, no idea annual cost of owning, operating FB Stadium
29.9.13 Alert: Dunedin voters —Mayors gain more powers
29.6.13 Audit NZ and OAG clean bill of health —Suspicious!
26.9.13 DCC: Council consolidated debt $623 million
21.4.13 Councils “in schtook” —finance & policy analyst Larry Mitchell
29.10.12 DCC consolidated debt substantially more than $616m to June 30, 2012
30.5.12 Larry Mitchell: 2012 Local Govt League Table Summary
4.7.11 Local government finances

█ For more, enter the terms *dcc*, *dchl*, *annual plan*, *long term plan*, *stadium* or *dvml* in the search box at right.

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Posted by Elizabeth Kerr

DCC staff-led CBD projects that impact ratepayers | consolidated council debt

Invitation [click to enlarge]

53,000 ratepayers | DCC Staff-led projects (sample):

█ Princes Street and South Princes Street Upgrade
█ Warehouse Precinct Revitalisation Plan
█ Dunedin Central City Plan
█ Dunedin City Integrated Transport Strategy 2013
█ Proposed Cycle Network
█ The Second Generation Plan for Dunedin

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Own Vision: Princes Street (entrance to Distinction Dunedin hotel)

Own Vision: Vogel Street

Own Vision: Octagon

Own Vision: Queens Garden 1

Own Vision: Queens Garden 2

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The Central City Plan involves these projects:
(er, thanks again Spendthrift Staff)

● Warehouse Precinct Revitalisation Plan
● Central City Heritage Re-use Grants Scheme
● Street Improvements in Bond and Vogel Streets
● Making Crawford and Cumberland Street Two-way
● Queens Garden Upgrade
● Exchange Square Upgrade
● The Octagon Upgrade
● George Street Upgrade
● Princes Street and South Princes Street Upgrade
● Pocket Parks
● Improved Pedestrian and Cycle Safety in the Central City
●●●● Other Projects and Initiatives

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What “Other Projects and Initiatives” ?!!

As well as specific place-based projects, the draft Central City Plan outlines other projects and initiatives relevant to the central city area:

● Investigate the location and provision of public toilets and restrooms throughout the central city in a toilet priority plan
● Design a plan for the incorporation of public art in the streetscape
● Investigate opportunities for using a range of public spaces in the central city for events as alternative/additional venues to the Octagon
● Develop a plan to improve the pedestrian experience along the routes from the campus to the ‘warehouse precinct’ (night and day)
● Investigate opportunities for more play equipment in central city spaces, such as the Library Plaza and Albion Lane
● Improve the quality of footpaths, including paving surface, furniture, trees and planting, and making them wider where possible
● Encourage building owners to add decorative lighting to highlight buildings that have heritage/ architectural values
● Improve lighting for pedestrians in some areas
● Improve processes and streamline procedures to help building owners re-use their buildings
● Work on a strategy to overcome procedural and financial barriers to revitalisation in the ‘warehouse district’
● Make District Plan changes to better reflect built form, help and promote quality development, review activity zones and activities, and protect special character in the central city and large-scale retail zone
● Prepare a development resource package telling prospective businesses about the Dunedin facilities, amenities and lifestyle
● Liaise with a building owner/developer to undertake a pilot project to help develop a creative quarter
● Consider the location of key tourist information facilities
● Investigate the desired model for a central city retail management body
● Work on a plan to encourage trucks coming from the Southern Motorway and heading to the port to follow Strathallan and Wharf Streets.
● Investigate the need for the development of a parking building in the light of the vision for a creative quarter
● Work with ORC to consider options for improving public transport flow and provision in the central city
● Assess options to improve pedestrian and cyclist connections across SH1, the railway lines and Thomas Burns Street
● Investigate the need for a transport hub for coach parking, cruise ship passenger drop-off and visitor parking, including campervans
● Improve visitor and information signage throughout the central city
● Build cycle storage facilities in strategic locations
● Undertake detailed investigation of measures need to promote the ‘Western Inner Relief Route’
● Encourage the freeholding of leasehold land.

DCC Link

Someone just stepped into his role, with all the usual friction, complicity and conflicts. They’ll also bring in hairless and carless days.

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Posted by Elizabeth Kerr

Whaleoil / Cameron Slater on ratepayers’ lament

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█ Cartoon of the Day (Len Brown by SonovaMin)
Posted by Cameron Slater on July 18, 2014 at 11:00am

█ Len Brown’s failures will cause Auckland headaches for decades
Posted by Cameron Slater on July 18, 2014 at 11:30am
A Local Authority like Auckland Council plans capital expenditure for urban projects – like the pretty CBD road and footpath improvements. The problem with infrastructure maintenance is that it is very expensive, and it occurs in the future. Competing against the pretty high profile projects it suffers because it takes second place. On the Audit NZ website is a document that records an audit of the performance of Local Government that is pertinent to this topic.
Read more

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Posted by Elizabeth Kerr

LGNZ #blaggardliars

Received from Anonymous
Thu, 26 Jun 2014 at 3:17 p.m.

Horowhenua Chronicle 25.6.14

[Anonymous] “Another report by another highly paid expert, strategically placed on the front page to calm the masses only weeks after Horowhenua District Council (HDC) announced rate hikes of 10%.”

[Evidence] No-one believes his crap. Slippery Lawrence Yule treated like yesterday’s scrumpled chip paper.

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Our reading preference:

█ The Ratepayers’ Report is based on data collated by the Taxpayers’ Union, a lobby group, from councils’ annual reports. It also includes information collected independently from the Department of Internal Affairs and Statistics New Zealand. All of this has been checked and sent to the 67 councils involved for them to review. See local government league tables published by analyst Larry Mitchell since 2010.

Related Post and Comments:
12.6.14 Fairfax Media [not ODT] initiative on Local Bodies
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
30.5.12 Larry.N.Mitchell: 2012 Local Govt League Table Executive Summary

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Posted by Elizabeth Kerr

Fairfax Media [not ODT] initiative on Local Bodies

The Taxpayers’ Union in collaboration with Fairfax Media has launched the “Ratepayers’ Report”. (Link)

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Comment received from Russell Garbutt
Submitted on 2014/06/11 at 10:04 am

The Fairfax initiative on Local Bodies is an excellent one.

It can be found at http://www.ratepayersreport.co.nz/

It seems that this whole thing has stemmed from the excellent work of Larry Mitchell, in trying to educate Local Bodies as to some financial nous, and also to alert ratepayers to what circumstances their local body has put them in.

I know from experience over many years of trying, that my recommendations to local Councillors to contact Larry Mitchell and learn from his experience as an independent consultant on Local Government fell on totally deaf ears. They seemed to know better. Yeah, right.

Now it is out there in a form that is very readable and comparisons can be easily seen.

What is totally amazing is the views of the DCC in this. Yes, the second highest debt per ratepayer, but the DCC says that it has the second highest value of assets. Crap. This is just rubbish and it can’t sell those assets. Every Council has water, roading etc which it must provide and can’t sell, but in the case of the DCC it has the stadium. Not an asset as we all know but a fearful liability, but it appears in the books as an asset. Well, sell the bloody thing. It isn’t needed.

I know that this story won’t be picked up by the ODT as it is a Fairfax story, but the other point in here of course is that the ability of Aucklanders (who have the highest debt levels) to pay. Dunedin doesn’t. Its population is well below that of Auckland when it comes to average income per household.

The other thing that the ODT won’t cover is the local comparisons. While the DCC has a debt level of $15,093 per ratepayer, the Central Otago District Council has only $327 per ratepayer, with virtually the same equity value per ratepayer. What’s the difference? As the CODC says of the area “A World of Difference”. I know which Council I admire the most.

[ends]

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Posted by Elizabeth Kerr

Stadium (fubar): cringe

Copy supplied.
Thursday, 15 May 2014 10:35 a.m.

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The Press 13.5.14 [click to enlarge]

These letters to the editor were published in reply to the strong article by Fairfax News reporter Wilma McCorkindale, Stadium could cost Dunedin ratepayers millions (Stuff 9.5.14).

[Note there are 36 online comments]

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Posted by Elizabeth Kerr

Stadium: DCC proposes extra funds for stadium debt repayment

Comment received from Mike
Submitted on 2014/05/11 at 12:42 pm

Now is a great time to remind people of section 63 the Local Government Act which reads:

Restriction on lending to council-controlled trading organisation
A local authority must not lend money, or provide any other financial accommodation, to a council-controlled trading organisation on terms and conditions that are more favourable to the council-controlled trading organisation than those that would apply if the local authority were (without charging any rate or rate revenue as security) borrowing the money or obtaining the financial accommodation.

http://www.legislation.govt.nz/act/public/2002/0084/latest/DLM171886.html

Which as I read it means that the council can’t fund DVML in a more advantageous way than it would receive itself from its own bankers – my reading of this is that just bailing DVML because it’s losing money would be illegal, they have to loan them money at a comparative rate to what they would get from the bank.

It’s an obvious target for a ratepayer’s injunction …..

The reason for this law is pretty obvious, the government wanted CCOs to compete with private enterprise on a level playing field – if DVML wants to rent out space it shouldn’t be able to undercut a competing landlord who can’t tap the ratepayers’ pockets to charge a rent below cost.

[ends]

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Dunedin City Council – Media Release 9 May 2014
Extra Funds Proposed for Stadium Debt Repayment
The Dunedin City Council will consider using savings to repay more debt associated with the Forsyth Barr Stadium. The Council will next week consider approving a one-off payment of $2.271 million to help balance the Forsyth Barr Stadium accounts. Of that, $1.77 million would be used to repay DVML debt, with the balance to fund a cash shortfall. The payment would be funded from DCC savings made in the current financial year. DCC Group Chief Financial Officer Grant McKenzie says, “A one-off payment to reduce debt further would be good for all parties and would clearly respond to community demand for the DCC to reduce its overall debt level.” Read more

█ Download the Forsyth Barr Stadium 2014/15 Budget Report (PDF, 200KB)

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Media Stories:
9.5.14 ODT Stadium debt reduction to be considered
9.5.14 Stuff (Fairfax News) Stadium could cost Dunedin ratepayers millions
10.5.14 ODT Stadium payment may rise

Related Post and Comments:
9.5.14 DCC Draft Annual Plan 2014/15 Submission by Bev Butler
10.5.15 (via comment) ODT In Brief: Stadium review sought

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Posted by Elizabeth Kerr

DCC: Growth v development contributions

Worth a read —Whaleoil link received from Anonymous
Tuesday, 11 February 2014 8:11 p.m.

### whaleoil.co.nz February 10, 2014
Why do Property Developers hate development contributions?
By Cameron Slater
A property developer writes:
“Lately Developers and Councils have been busy preparing submissions on the proposed changes to the Local Government Act relating to development contributions. There are many issues. Firstly, the issue with charging developers for improvements that have nothing to do with growth.
(1) Hiding the real cost apportionment and charging developers for improvements that [have] nothing to do with new development growth:
When developing up capital works and budgeting the Annual Plan councils develop formula and apportion some of the costs to ‘growth’ – which is then charged to developers. Councils argue that as cities grow and intensify – the costs of that growth include replacing or improving infrastructure. Hence they want new developments to pay for it.
Developers take issue however with the amount of money required from them to pay for the infrastructure improvements not that they have to pay for their share of growth. As such the argument is about whether the right pro-rata apportionment is applied.
Obfuscating the debate is that all Councils must replace infrastructure as it ages and is due for replacement. Additionally, most Councils are in recent times adopting new development standards that increase the capacity of assets and they improve assets as technology advances.
Replacing assets is supposed to occur from a built sinking fund that is generated over the life span of an infrastructure asset. Council receive money over the lifespan in cash as depreciation as part of rates. Over time, and subject to annual revaluation each asset builds up a depreciation sinking fund that should be sufficient to replace it. Developers are concerned that Councils spend that money through internal loans to OPEX and other creative accounting and then hope to use ‘growth’ as a mechanism for replacing the assets. A psuedo ponzi scheme with ratepayers the duped investors.”
Read more

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DCC: Development Contributions Policy
Development contributions are charges paid by property developers to meet the increased demand for infrastructure resulting from growth.
The Council is proposing some significant changes to its Development Contributions Policy.
In April 2011, the Council released a Statement of Proposal to adopt a Draft Revised Development Contributions Policy (the Draft Policy). The proposal included a schedule of charges which could apply if the Draft Policy was adopted. Submissions on the Draft Policy closed in July 2011 and were followed by hearings in November 2011. After beginning its deliberations the Hearings Committee decided that more information was required from Council staff before the Draft Policy could be considered further. Deliberations started again in December 2012 with Council staff reporting back to the Committee on the information it requested. The Committee has yet to conclude its deliberations.
As a final decision on the Draft Policy is yet to be made, the Council’s existing Development Contributions Policy applies until further notice. Read more

DCC: Spatial Plan for Dunedin
‘Dunedin Towards 2050′ (The Spatial Plan), sets the strategic direction for Dunedin’s growth and development for the next 30+ years. It outlines a broad set of principles, strategic directions, policies, and actions and visually illustrates how the city may develop in the future. It will be used to guide land-use planning in the city as well as influencing how future infrastructure and services may be provided or limited. The Spatial Plan is primarily, but not solely, concerned with Dunedin’s urban form and design. Urban form and design refer to the spatial arrangement of a city, in other words, the shape of a city as seen from the air including the overall pattern of development, activities, and infrastructure as well as the design or ‘look and feel’ of the city and how it functions. Urban form and design have a significant impact on the sustainability, liveability and economic performance of cities.

DCC: Second Generation Plan for Dunedin
The Dunedin City District Plan controls what people can do on their land and how it can be developed. While there have been some changes and new zones added (eg the Stadium, Airport and Harbourside zones), most of the current Plan has not been reviewed since 2006 and a lot of it dates back to the 1990s. The council is reviewing the Plan as a whole to fix the parts that are not clear or working properly, to recognise the changes to land use and development within Dunedin, to discourage poor development and to align with changes in national policy guidance. The review will produce a second generation plan (2GP), which is the second plan prepared under the Resource Management Act 1991. This is a long process with a lot of research and analysis, and input from stakeholders and the community.

DCC: Strategic Directions
The Strategic Directions of the second generation plan will establish the overall management approach for the 2GP, stating the important outcomes for the city:
● Dunedin is Environmentally Sustainable and Resilient
● Dunedin is Economically Prosperous
● Dunedin is a Memorable and Distinctive City with a Strong Built and Natural Character
● Dunedin has Strong Social and Cultural Capital
● Dunedin has an Attractive and Enjoyable Built Environment
● Dunedin has Affordable and Efficient Public Infrastructure
● Dunedin has Quality and Affordable Housing
● Dunedin is a Compact City with Resilient Townships

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On the local . . .
Meanwhile, developers across the Taieri are champing at the bit to re-create ‘Wanaka sprawl’ on the flood plain with little regard for the protection of high class soils —despite the objectives of the spatial plan that places wise emphasis on the rural area becoming the city’s food basket (resilience).

### ODT Online Wed, 12 Feb 2014
Benefits seen for Taieri area
By Rosie Manins
Mosgiel, Middlemarch and the wider Taieri area will benefit from a new marketing approach by the Dunedin City Council, chief executive Sue Bidrose says. The establishment of an in-house marketing agency at the council, replacing Tourism Dunedin, would offer ”more bang for buck”, she said. The agency would use existing council staff, such as those in human resources and finance, and run alongside the council’s economic development unit.
Read more

New chief executive Sue Bidrose says the council will review performance of the in-house marketing agency after 18 months, with a view to assessing if in the longer term the agency should become a council-owned company. (via ODT)

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Other ODT stories:
● Riccarton Rd widening set to begin Asked if the upgrade was designed to accommodate more heavy vehicle traffic, Mr Matheson played down those concerns. [Evan Matheson hasn’t referenced the revising ‘district plans’ then]
● Trail trust awaits talks outcome The group behind a project aiming to provide a cycle link between Mosgiel and Dunedin is awaiting the result of crucial land negotiations.
● Crematorium not yet begun Hope and Sons is yet to begin construction of its new Mosgiel crematorium, but hopes to have it operating this year. Managing director Michael Hope said it was still working on gaining building consent.
● Police presence of concern
● Town’s population to disappear Mosgiel’s Pearl of the Plain sign in Quarry Rd is to lose its population figure and receive a general spruce-up. [spot feathery bill]
● Hope signal problems fixed

Syd Brown, Taieri property developer and ex city councillor/FSD chairman

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Related Posts and Comments:
10.2.14 University of Otago major sponsor for Highlanders [rugby, a pool]
5.2.14 Mosgiel pool sluts get their tops off for ex ORFU guy
4.2.14 DCC: Mosgiel Pool, closed-door parallels with stadium project . . .
30.1.14 DCC broke → More PPPs to line private pockets and stuff ratepayers
20.1.14 DCC Draft Annual Plan 2014/15 [see comment & ff]
18.11.13 DCC: New chief executive
16.11.13 Community board (Mosgiel-Taieri) clandestine meetings
7.10.13 DCC councillors, no idea annual cost of owning, operating FB Stadium
23.6.13 DCC Community Boards
21.4.13 Councils “in stchook” —finance & policy analyst Larry.N.Mitchell
6.12.12 Local Government Act Amendment Bill
6.12.12 DCC debt —Cr Vandervis
6.9.12 DCC pays out $millions to cover loss making stadium and rugby…
30.11.11 amalgamation, Anyone?
8.11.11 Development contributions
9.8.11 CRITICAL Dunedin City Council meeting
25.7.11 DCC Finance, Strategy and Development Committee – meeting postponed
16.7.11 Major Dunedin City Council infrastructure assets NOT INSURED
7.7.11 More than $1 billion of infrastructure assets NOT insured
23.3.11 Dunedin City Council’s rock and its hard place

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Posted by Elizabeth Kerr

Councils “in schtook” —finance & policy analyst Larry Mitchell

Received Sun, 21 Apr 2013 14:45:37 +1200
Topic ring a bell? We are using DCC and Kaipara as the salutary case studies.

Larry N. Mitchell
Finance & Policy Analyst (Local Government)
PO Box 404 103, Puhoi 0951, Auckland, New Zealand
Phone: 09 422 0598 Mobile: 027 479 2328
Email: larry@kauriglen.co.nz

Read here or scroll to end of post to download this paper.

Councils “in stchook”
… their debt is way too high … it matters … so do proper disclosures

Dealing as I do, with matters of New Zealand Council finances, the one area that produces most comment, sometimes heated debate, is Council debt. Public discussion of Council debt is muddled, an often fractious difference of opinion generating more heat than light.

For example, the most recent (March 2013) Office of the Auditor General’s report of their findings from New Zealand Local Government audits concludes that Councils have their debt levels “within a reasonable range”. Recent New Zealand Local Government Association press releases concur.

Compare these reassuring findings to those of the 2013 NZ LG League Table where the lowest ranked 15% (10 in number) of New Zealand Councils are revealed as exhibiting unfavourable financial sustainability and community affordability issues. Both contradictory positions can’t be right. Unfortunately, the debate over Council debt is complicated by unsatisfactory public reporting-disclosures.

Discussions of Council debt are often compounded by current Council practices. These amount to opaque, imprecise Council debt accounting and “smoke and mirrors” disclosures. It is tempting to suggest that these are deliberate attempts to suppress discussion of Council debt on a “don’t scare the horses” basis.

This is particularly evident for use of the term by Councils of “Internal Borrowing”, a meaningless label, better described as “Robbing Peter”, covering as it does Council treasury management dealings involving a clear misuse (some might say misappropriation) of asset replacement funds.

Add to these sleights of hand a motivation for the more highly indebted Councils to keep their heads down when their debt totals soar, along with a tendency toward misinformation.

'Super ward' + stadium

### ODT Online Thu, 11 Jun 2009
Super ward system of little concern
By David Loughrey

Councillors and former candidates spoken to yesterday said the proposed new super ward system for the Dunedin City Council would not change unduly the way they campaigned in local body elections.
Read more

### ODT Online Thu, 11 Jun 2009
News: Dunedin | Local government
‘Super ward’ mooted for DCC
By David Loughrey

Substantial changes to Dunedin’s voting method could see its system of wards scrapped in favour of a “super ward”, with 11 councillors representing the urban area, and three representing two rural seats.
Read more

Mr Hide and public consultation + Saturday ODT

### ODT Online Wed, 1 Apr 2009
Expecting call from minister

By David Loughrey

Dunedin city councillor Dave Cull wants to put his concerns about public consultation on the city’s planned stadium to Local Government Minister Rodney Hide, who signalled this week he was willing to come to Dunedin to look at into the issue.

Read More Online Here…

Full article