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

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Posted by Elizabeth Kerr

Dunedin City not the only council with a code of silence

Received.
‎Sun, ‎24‎ ‎May‎ ‎2015 at ‎2‎:‎43‎ ‎p.m.

A Massey researcher is concerned that some local councils are gagging their elected members and stifling free speech.

Source: Massey University Te Kunenga Ki Purehuroa

Created: 02/12/2014 | Last updated: 16/12/2014
Councils’ conduct codes gag elected members
Dr Catherine Strong from the School Communication, Journalism and Marketing, says there is a disturbing paragraph creeping into some councils’ operating policies.
“It basically prevents elected members talking to the media about anything negative within their council. This includes council decisions, policies and overall reputations,” she says.
The research will be presented at the Journalism Education Association of New Zealand Conference in Christchurch on Thursday, and is a content analysis of codes of conduct of all 67 city and district councils in New Zealand.
While most councils clearly stated that elected members have the right to talk freely to the media (with obvious restrictions around confidential information and employment practices), the research found that 10 councils (15 per cent) restrict elected members giving critical opinion to the media.
This amounts to gagging the elected members – the very people who are representing the community, Dr Strong says. “They are not meant to be spin doctors for the council.” She suspects newly-elected councillors approve the entire 4000 word code of conduct without scrutinising the wording of the small media section within it.
Read more

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Dunedin City Council – Standing Orders (PDF, 1018 KB)
12 Aug 2014: The Standing Orders set out rules for the conduct meetings of the Dunedin City Council and includes the Code of Conduct for Elected Members, as adopted at the inaugural Council meeting Oct 2010.

█ For more, enter the terms *code*, *vandervis*, *naturaljustice*, and *citifleet* in the search box at right.

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Posted by Elizabeth Kerr

DCC: Consulting the Community

Consultation: ‘a decorative process to legitimise a predetermined set of actions’*

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The Dunedin City Council’s consultation processes, can they get any worse?
We’re a heavily indebted Community because of lack of meaningful ‘stadium consultation’ and that period of unfettered capital spending during Jim Harland’s reign as chief executive. More of same, Dave Cull’s two-term mayoralty is spendthrift. Feedback through The People’s Panel seems to be misused (a facile process able to be manipulated by council-affiliated lobby groups). Resource consents that set precedents in zones and across the greater city go non-notified. Changes to city parking and the intrusion of cycleways continue to show abysmal council bulldozing. Don’t mention hazard area maps (especially the red bits). Or the current urban design initiatives led by a minority interest. The list goes on…. City finances are less than transparent; council accountability remains fully in question. There’s every instance of major fraud within council activities that won’t be adequately reported or prosecuted – solid evidence is ignored (meanwhile elected representatives and senior management maintain positions and high salaries). In this toxic environment, how much consultation can this Community stand? – why should we write screeds and screeds to Council or attend workshops and hearings, there are much better ways to spend our restricted free time. Because, we can’t trust our leaders. We endeavour then to provide feedback on a limited case by case basis —knowing we’ll be disenfranchised if we refuse to tow the line or not agree with Council’s predetermined actions. Consultation? Yeah right. Hire a Queen’s Counsel instead. [make that a team of QCs] And the Mayor speaks of vitriole.

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A draft Significance and Engagement Policy has been developed by the Dunedin City Council to meet the requirements of the Local Government Act 2002. The draft Policy provides a framework for determining the significance of decisions; and when and how the community can expect to be involved in the Council’s decision-making.

The draft Policy is based on good practice guidance from SOLGM, and incorporates feedback from Councillors, Council departments and the community. This report seeks approval of the draft Policy for consultation and community feedback.

█ Report – CEC – 13/10/2014 (PDF, 1.6 MB)
Draft Significance and Engagement Policy

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### ODT Online Mon, 13 Oct 2014
Focus on consultation
By Debbie Porteous
The Dunedin City Council is to consult the community on how it consults the community. A draft “significance and engagement policy” will be considered by councillors at the community and environment committee meeting today. If the draft policy is approved, the community will be asked for feedback on the draft.
Read more

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Posted by Elizabeth Kerr

*When Bad Consultation Leads to Bad Policy by David Crosbie
Posted: Monday, November 21, 2011 – 10:50
Governments around Australia need to really listen to their constituents, and ensure that ‘consultation’ doesn’t become a decorative process to legitimise a predetermined set of actions, says CEO of the Community Council for Australia, David Crosbie. This article is taken from the CSI Blog.
– See more at http://www.probonoaustralia.com.au/news/2011/11/when-bad-consultation-leads-bad-policy#sthash.oW25tTXe.dpuf

█ The Centre for Social Impact (CSI) at the University of New South Wales brings together the business, government, philanthropic and third (Not for Profit) sectors, in a collaborative effort to build community capacity and facilitate social innovation.

Northland council amalgamation

### radionz.co.nz Tuesday 12 November  -  12:20 pm NZT
(Updated 38 minutes ago)
RNZ News
Single council for Northland proposed
The Local Government Commission has recommended a single unitary council for the whole of Northland.
The commission at Waitangi on Tuesday revealed its draft proposal for reorganising local government in the region. It proposes one council and one mayor for Northland and a second tier of community boards.
A new nine-member council, to be based in Whangarei, would replace Far North District Council, Whangarei District Council, Kaipara District Council and Northland Regional Council.
The commission also proposes a special council committee to represent Northland’s large Maori population.
RNZ Link

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Related Posts and Comments:
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 Elizabet Kerr

DScene reflects on DCC’s unholy mess

### D Scene 21 Mar 2012
Butler lifts lid on ‘deception’ (page 2)
By Wilma McCorkindale
Stadium opponent Bev Butler has handed confidential project papers to council commissioned auditors in her bid for a major inquiry into Dunedin’s stadium project. Butler has passed previously withheld information to a PricewaterhouseCoopers forensic auditing team reviewing variances in stadium completion costs identified by the Dunedin City Council (DCC) earlier this month.
{continues} #bookmark

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Fury over bail-out of ORFU (page 3)
By Mike Houlahan
The Otago Rugby Football Union ‘‘desperately’’ needed to be put in to liquidation so it could be properly audited, Cr Lee Vandervis says. Vandervis was one of five Dunedin City councillors who voted against approving a bail-out of the cash-strapped ORFU in an extraordinary council meeting last Wednesday. […] The DCC’S decision came after a marathon night meeting and sparked immediate outcry. Council offices were flooded with angry calls and emails, and D Scene understands councillors who voted in favour have received abusive messages.
{continues} #bookmark

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We’re rugby-mad but not in a good way (page 7)
By Mike Houlahan – Editor
As the Otago Rugby Football Union faced liquidation, a lot of rhetoric was heard about a ‘‘proud rugby province’’ and the depth of feeling Otago had for the game. Otago, people said, could not be left in the lurch. Otago rugby administrators got caught up in the spirit. ORFU president Wayne Graham – a man who had looked aghast on February 27 when revealing the union’s plight – seemed stunned last Wednesday when interviewed on Campbell Live at 7pm. He thought the rescue package Dunedin City Council was weighing up at that moment was so good that they would sign the deal in half an hour, and seemed perplexed they were still thinking about it.
{continues} #bookmark

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Opinion (page 8)
The truth, the whole truth . . .
By Bev Butler
It is expected that every large project undertaken by a council will require extensive consultation with all ratepayers but the crucial element missing from consultation in this case [the stadium] was the requirement to adhere to the principles of good faith – openness and transparency – during the consultative process. It was that failure by the DCC to truly listen and act to placate the genuine concerns held by so many that draws the inevitable conclusion that the DCC totally failed to act in accordance with the Local Government Act 2002.
{continues} #bookmark

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

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Posted by Elizabeth Kerr

Local government reform

### stuff.co.nz Last updated 09:24 19/03/2012
Local government reform to be announced
By Danya Levy
The Government is expected to announce details of its local government reforms today which aim to reduce rates increases and curb council debt. Prime Minister John Key said this morning the Government believed the 7 per cent average rates increase since 2003 was too much for the community to shoulder. “We accept there are lots of arguments around infrastructure deficit and the cost of bitumen but overall we want to see that number lower,” he told Newstalk ZB.
Read more

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### scoop.co.nz Monday, 19 March 2012, 10:50 am
Government must give ratepayers greater protection
Press Release: NoMoreRates.Com
[Statement from David Thornton]
Government must give ratepayers greater protection from free-spending councils. Ratepayers around the country are looking for some solid changes to local councils when the Government makes its promised announcements on local government reform later today. While controls on rates and debt are the main issues there is also the question of limiting those council activities which lead to high debt and ever-increasing rates. This could need inserting new clauses in the Local Government Act clearly defining the services and facilities which councils can and cannot be involved in.
Read more

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Ms Sage hasn’t quite got it right, see Dunedin City Council’s unmanaged debt.

### scoop.co.nz Monday, 19 March 2012, 12:00 pm
Local Govt Reforms Driven By Ideology, Not Good Governance
Press Release: Green Party
A manufactured crisis is being used as an excuse to drive ideological changes to local government, the Green Party says. “Central government proposals to cap rates, limit council spending, and force amalgamations would further undermine local democracy,” Green Party local government spokesperson Eugenie Sage said. “The key challenges local authorities face are a backlog of infrastructure investment where populations are growing and their reliance on rates as their major funding source.”
Read more

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### scoop.co.nz Monday, 19 March 2012, 10:50 am
Government must give ratepayers greater protection
Press Release: NoMoreRates.Com
[Statement from David Thornton]
Government must give ratepayers greater protection from free-spending councils. Ratepayers around the country are looking for some solid changes to local councils when the Government makes its promised announcements on local government reform later today. While controls on rates and debt are the main issues there is also the question of limiting those council activities which lead to high debt and ever-increasing rates. This could need inserting new clauses in the Local Government Act clearly defining the services and facilities which councils can and cannot be involved in.
Read more

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### radionz.co.nz Updated at 6:15 am today
News
Cabinet to consider local government reforms
The Cabinet is to consider a range of proposals aimed at controlling growing costs in the local government sector. Local Government Minister Nick Smith has said his main concern is council spending and the financial burden of rates on households and businesses.
Read more

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Related Posts:
12.3.12 DCC debt
7.3.12 D Scene: Call for full inquiry into stadium project
27.2.12 Bringing DCC councillors, staff, related entities and individuals to account
21.2.12 Kaipara this time
3.2.12 Local government
17.1.12 DCC living beyond its means [all spending and debt not declared]
4.7.11 Local government finances
16.6.11 “Dunedin” – we introduce Transparency International UK

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Posted by Elizabeth Kerr

Local government

Local government in this country is not delivering to the expectations of communities, and not just in strife-torn Christchurch City, writes Mike MacLeod, chairman of the Draco Foundation.

### ODT Online Fri, 3 Feb 2012
Opinion
Christchurch symptomatic of system
By Mike MacLeod
If the local government sector was a person they would be ponderous, socially-inept and morally bankrupt. They would be filthy rich and very lazy. If you had a problem they would not care and if you complained because something they did hurt you or your family, their response would be “so sue me”.

Even though the Local Government Act 2002 clearly outlines how local authorities should be run, it seems to be treated more as a loose guideline than a statutory requirement. And there is absolutely no recourse open for the public to demand compliance with the Act, aside from the extreme provisions allowed to the minister.

Read more

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The Draco Foundation is dedicated to the protection and promotion of democracy and natural justice in New Zealand and among its many activities operates Council Watch and the National Residents Association Database. Further information can be found at www.civilsociety.org.nz (via ODT)

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Posted by Elizabeth Kerr

DCC LTCCP hearings continue

### ODT Online Wed, 6 May 2009
Councillors challenged as stadium frustration boils over
By David Loughrey

The Awatea St stadium sparked some testy and ill-natured exchanges yesterday, as stadium opponents took out their frustration on councillors.
ODT Link

Other stories:
Council has ‘duty’ to provide housing
Concern at plan to halt sport funding

StS Town Hall meeting SMART POINTED BRILLIANT

Telling it as it is – Stop the Stadium has done an incredible job.

CONGRATULATIONS.

Dunedin people from all walks of life filled the Town Hall to capacity.

It was the speakers who did all the work tonight – Alistair Broad, Dave Cull, Gerry Eckhoff, Robert Hamlin, Michael Stedman and Sukhi Turner, along with Dougal Stevenson in the critical role of MC. Together they were honest, truthful, pointed, on task, funny, believable and more transparent than anything the Dunedin City Council, the Otago Regional Council or the Carisbrook Stadium Trust has had to offer on the stadium proposal to date as to business feasibility – and potential effects on ratepayers and residents (citizens all), the council ledgers and the Dunedin economy for the extremely long haul ahead IF the “silly” “stupid” “appalling” project goes ahead.

The media has material enough for the largest field day, tomorrow. Since when does an ex-Mayor of Dunedin invite a civic uprising, can I say “ours does”. I say it with utmost pleasure.

The meeting was scandalously GOOD.

And hey, tomorrow, Dunedin City councillors pushing the stadium project – being ever hopeful they can get it over insurmountable odds – will once again see stadium business into non public. HOW LONG can they keep this façade up. Really. Will Crs Cull and Staynes succeed with their Notice of Motion?

Two resolutions were passed at the public meeting. In essence: 1. Hello Mr Rodney Hide, come open the books at DCC and ORC. 2. Oh, procedure: Hello Local Government Act and DCC’s LTCCP, what is due process. [Wording of the unanimous resolutions will likely be cited by the press.]

But here’s what everyone can do, safely, yes actually! {Best consult ODT 31/3/09 for clarification; I did say it was “interesting” in the next sentence; seemed too good to be true, if you’re into rates revolts that is. Elizabeth.}This is the flyer distributed at meeting end, which has interesting confirmation from Dean of Law Prof Mark Henaghan:

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Finally, thank you DUNEDIN BUSINESS PEOPLE FOR VOICING YOUR VIEWS and for being there on stage and throughout the audience. We waited for this. It has happened. Let’s turn this monstrous DCC/ORC/CST process on its ear.

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ANOTHER THING: EVERYONE who doesn’t want the stadium and or is not prepared to pay for it please write submissions saying so – in your very own words, with your very own feelings or facts – on the DRAFT Dunedin City Council LTCCP and the Draft ORC Annual Plan. INDICATE in your submissions that you DO WISH TO BE HEARD on your submissions. This is not a frightening process.

Check out the council documents online or contact the councils for more information about how you can participate in the process.

If the councils don’t hear from US, they will continue to falsely assume (the great CHARADE) that we want the stadium and everything that follows… as it sinks the city.

The councillors who oppose the stadium project NEED YOUR HELP. Now.

Today, Bev to planet Mars…

Well, as good as…

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Public Forum Speech to ORC
Tuesday March 3, 2009

By Bev Butler

The Otago Regional Council’s mission and purpose is to protect and enhance our natural environment and resources. You should not even be contemplating borrowing $37.5 million to help fund a new stadium. Your own Chair has expressed the view that you should stick to your core business – but only after you fund the rugby stadium. The logic of this defies me! Put simply, you have no business in being involved in this project.

At the last Public Forum, Tony Borick, on behalf of the Ratepayers and Householders’ Association, spoke to you of his concerns regarding the legality of the Otago Regional Council donating $37.5 million to the stadium project. He outlined his concerns referring to sections of the Local Government Act 2002. There has been much debate as to whether the Otago Regional Council is going beyond their mandate of what constitutes core services for a Regional Council. As a follow up to these concerns, Stop The Stadium Inc is currently seeking legal advice from ChenPalmer (specialists in Public Law, Wellington) in relation to the legality of any decision of the Otago Regional Council to commit funding to the stadium project, and that depending on the advice received, Stop The Stadium may take further legal action.

You have ignored the views of the ratepayers who have indicated in the only independent professional survey to date that they do not support ratepayer funding for the project. I would like to now table this survey where 78.3% of citizens with an opinion are opposed to public funding of the stadium. This is overwhelming and the data for this survey was collected four months ago. Since then the economic crisis has worsened and I believe the percentage opposed has probably increased further. You are required by law to be prudent and conservative guardians of our resources. Should you vote to grant $37.5 million to the stadium project you would show yourselves to be the very opposite.

Recently, Stop The Stadium wrote to all leaders of political parties requesting an opportunity to meet with them to present the other side of the stadium story. Responses are just beginning to come in. We received a letter from Mr Peter Dunne, the Minister of Revenue and Leader of the United Future Party. In this letter, Mr Dunne states: “I have noted your comments about local opposition to this proposal the parallel which comes to mind is the development of the Westpac Regional Stadium, which occurred only on the basis of strong regional support. If that kind of support is not forthcoming in this instance, then I think that it would be inappropriate for the Government to be involved.” Mr Dunne rightly recognises that projects need community support, which is so lacking in this instance. It is a travesty of democracy in Dunedin when the overwhelming majority of citizens have persistently told both councils through public submissions during the consultation process, letters to the editor and the University survey that they do not support the stadium.

When I spoke in the public forum on 11 February 2009, I tabled a Stop The Stadium press release outlining that $8.7 million went “missing” from the Carisbrook Stadium Trust’s private funding commitments between May and November last year. This morning we read in the Otago Daily Times that a Dunedin City councillor has heard rumours that some of the private funding contracts are in fact dummy contracts. I wish to add to this rumour the following and in doing so if these rumours are unfounded I will not hesitate to give a full apology. Recently an unnamed Dunedin businessman told me that people were being approached to sign private funding contracts and being told they wouldn’t need to be bound by them – that they just needed to have signatures on the contracts. If this rumour is correct then this is scandalous. One way to lay rumours like this to rest is to insist that all the private funding contracts are independently reviewed. Why hasn’t this already been done? One wonders! Is it the same reason why the independent Davis Langdon peer review was not completed March 2008?

Today this scandalous project should be put to rest. Please, for the financial health of this city, lay it to rest. We are being gripped by a major worldwide economic crisis which is worsening day by day. Many in our community are already facing hardship. This proposal has deeply divided our community – as you well know. It is a localised version of the kind of division that occurred during the ’81 Springbok Tour. Incidentally, they both involve the game of rugby and its politics. Not only will the proposed stadium be a financial drain with predicted annual operating losses – it will drain our community spirit. It will always be a symbol of division if, God forbid, it is ever built. Dunedin does not need this stadium. Dunedin cannot afford this stadium. Please stop.

[ends]

{Link removed when STS website taken down. -Eds}

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Posted by Elizabeth Kerr