Tag Archives: Notices of Requirement

Harbourside: Access to a revamped Steamer Basin has public backing

Liability Cull is not 100% correct. So what’s new.

The ‘harbourside’ public consultation, including pre-plan change workshops, picked up good support for IMPROVED public access to the waterline (note, via a reinstated Rattray Street rail crossing at grade) and a REVAMPED Steamer Basin.

Cull says the harbourside plan change was a mistake. It most surely was not a mistake! The proposed plans for how the plan change would be articulated in the area were the problem. Nearly everyone wanted historic industrial sheds and wharf sheds to remain and be redeveloped sympathetically with respect to heritage values, enhancing the land-water connection. Unfortunately, and fortunately, the Otago Chamber of Commerce with five partners appealed the plan change decision, significantly dashing the intents and purposes of the “vision”. Nonetheless, this shouldn’t stop future redevelopment of the ‘edge’ at the Steamer Basin, for greater community recreational use, with some commercial opportunities built in. We still haven’t got walk-on/walk-off access for the cruising yachts heading to subantarctic waters —embarrassing.

OK DCC’s broke at the moment, but ORC…

Cull – Crash one (PC-7), get bent on inviting the real mistake… the $100m tombstone apartment and hotel complex at 41 Wharf Street, with all inherent costs to Dunedin ratepayers and residents. That’s where Cull stands, nowhere good. Not even close.

Plan Change 7 – Harbourside

### ODT Online Mon, 21 Oct 2013
Harbour project labelled mistake
By Chris Morris
Pursuing a vision of harbourside redevelopment in Dunedin has so far cost the city’s ratepayers more than $2.6 million, it has been confirmed. The revelation, prompted by Otago Daily Times inquiries, has led the Otago Chamber of Commerce to label the Dunedin City Council’s ”grandiose” plan a mistake. It has also prompted Dunedin Mayor Dave Cull, who was an early critic of the proposal, to suggest it should never have got off the ground.
Read more

DCC’s habourside costs – $2.6m (via ODT)
• Legal costs – $401,660
• Settlement – $200,000
• Other costs – $315,633
• Capital costs – $1,697,192
• Total – $2,614,485

Capital costs of $1,697,192 comprising:

• 2005-06 – purchase of 20 Thomas Burns St – $497,500
• 2011-12 – purchase of 30 Thomas Burns St – $1,199,692

NZHPT Dunedin Harbourside Historic Area (1)NZHPT Dunedin Harbourside Historic Area

Related Posts and Comments:
3.8.13 SH88 notice of requirement
21.4.13 ‘Yellow Balloon’ —Blue Oyster invitation to (TOWER) Submitters et al
9.4.13 Dunedin: Future service town to Shell? #realitycheck
24.9.12 Stadium Councillors back coastal oil exploration
16.5.12 Dunedin Hotel
● 26.10.11 Dunedin Harbourside: DCC “caved”
17.12.10 HARBOURSIDE Announcement
17.4.10 Harbourside: more negotiation to come
16.4.10 DCC Media Release – Harbourside Stage Two
13.4.10 Dunedin – an oil base?
1.4.10 DCC Media Release – Harbourside
27.3.10 Withdraw proposed Harbourside plan change in its entirety!
18.3.10 Otago Chamber of Commerce campaigns for harbourside
18.3.10 Dunedin harbourside for oil base?
10.3.13 Plan Change 7: Harbourside – remove stage two
9.3.10 Plan Change 7: Harbourside
5.3.10 Plan Change 7 – Dunedin Harbourside
26.2.10 Latest on Dunedin’s offshore oil and gas prospects
13.2.09 HOT PRESS – Dunedin Harbourside Zone

█ For more, enter the terms *loan and mercantile*, *harbourside*, *hotel*, *balloon*, *shell*, *anadarko* or *SH88* in the search box at right.

Posted by Elizabeth Kerr

ODT: Piece of maritime history moved
Another lost opportunity cut in half — Te Whaka at Birch St Wharf
Image: norsetroll.blogspot.com

Te Whaka, Birch St Wharf [norsetroll.blogspot.com]


Filed under Architecture, Business, Construction, Cycle network, DCC, Democracy, Design, Economics, Heritage, Innovation, Inspiration, Media, Name, New Zealand, NZTA, ORC, Otago Polytechnic, People, Pics, Politics, Project management, Property, Site, Tourism, Town planning, University of Otago, Urban design, What stadium

HARBOURSIDE Announcement

Otago Chamber of Commerce
Media Release

17 December 2010

Council Makes Further Move to Protect Industry

The following press release marks a further milestone in the Chamber’s drive to support its members, industry and the retention of employment in the city and the region.

The Chamber supported by Farra Engineering Limited, Kaan’s Catering Supplies, Bradken Dunedin & Crawford Glass recently appealed against the Harbourside Development believing that it would be harmful to industry, jobs and the economy of the region.

This latest move by Council justifies this belief and exonerates the ‘tight five’ from the criticism that the action to stop Harbourside was somehow against the best interests of the city when it was not.

Every member of the Chamber should be grateful for the actions of the Chamber’s co-appellants who used their own time and not inconsiderable personal finances to protect jobs in the city.

Members likewise should take comfort from the Mayor’s acknowledgement that your representative organisation, through its successful and constructive efforts, is now seen as a contributor to the good of the city instead of an objector to council proposals.

This will enable the Chamber in the future to be more successful in its representation of members’ interests with the Council.

The Chamber wishes members to note with appreciation the untiring efforts of Cr Colin Weatherall. Without his patience and perseverance over this long journey this great outcome would not have been achieved.

This success has not been won without hard work over more than two years. It would not have been possible without the support of the wider membership when we asked for the effort with the logo page in the ODT.

With your continuing support this success can easily become the model for the future.

OCC page link


Dunedin City Council
Media Release

17 December 2010

Council Withdraws Fairley Street Walkway Plans From Harbourside Vision

This item was published on 17 Dec 2010.

The Dunedin City Council has withdrawn its Notices of Requirement relating to the Fairley Street Walkway as part of its plans for a redeveloped harbourside area.

The designation of the walkway was publicly notified in January 2008 alongside Plan Change 7: Dunedin harbourside which re-zoned the area adjoining the Steamer Basin as Harbourside. The Commissioners decision on the designation and plan change was released in February 2009. The Council has been involved in negotiating appeals on the decision.

The decision to withdraw the Fairley Street Walkway designation was made at the Council meeting on 13 December 2010 to assist with negotiations on the appeals to the plan change and designations.

Mayor Dave Cull praised the contribution of Cr Colin Weatherall’s efforts in bringing this to a satisfactory conclusion, along with the Otago Chamber of Commerce for its leadership in protecting jobs in the city and wider region that it felt were threatened by Council’s proposal. “The Chamber’s constructive contribution, and that of the co-appellants, was crucial to this successful outcome,” said Mayor Cull.

Meanwhile, Otago Chamber of Commerce Chief Executive, John Christie, said “The Chamber applauds the Council’s decision to withdraw from this course of action. They have listened to the very reasonable arguments put forward by our members. It is to be hoped this represents a shift in our relationship with the new Council. My members and I look forward to further constructive partnership with the Council”.

The Council is still looking at ways to meet the community’s wish to have better access from the city to the harbour. Options include a new pedestrian-friendly connection between the Railway Station foot-bridge and the Steamer Basin using a boulevard alongside Thomas Burns Street. Pedestrian and cycle access across the road and rail barrier at the bottom of Rattray Street is also being considered.

Contact DCC on 477 4000.

DCC page link

Post by Elizabeth Kerr


Filed under Construction, Design, Economics, Geography, Heritage, Politics, Project management, Site, Town planning, Urban design

If to Environment Court

Stop The Stadium President Bev Butler has confirmed the organisation has lodged a letter of appeal to the Environment Court seeking to prevent the Harbour Arterial Link project – this joins the proposed harbourside arterial with State Highway 88 by skirting the site for the Awatea St stadium.

Loss of the Harbour Arterial Link would place the proposed stadium project in jeopardy. http://www.odt.co.nz/news/dunedin/42373/environment-court-stadium-appeal


What is the role of the Environment Court?

Ministry for Environment web pages cleanly state (http://www.mfe.govt.nz/publications/rma/everyday/court-guide/html/page2.html):

“The Environment Court is a specialist court operating under the Resource Management Act (RMA). The Environment Court has the same powers as the District Court and considers appeals on council decisions about:

* resource consents
* abatement notices
* proposed district and regional plans
* proposed regional policy statements.”

Among other things, the Environment Court can consider appeals on designations.

“The Environment Court has the power to:

* direct councils to make changes to their policy statements or plans
* confirm, amend or cancel decisions on applications for resource consents and designations
* stay or confirm abatement notices
* make or decline to make declarations and make or refuse to make enforcement orders
* award costs in favour of one or other of the parties involved.”

The Environment Court holds sittings as required throughout the country. These are usually held as close as possible to the site that the proceeding is concerned with.

Always google “Environment Court” or “RMA” to pick up useful explanatory guides, definitions and descriptions of planning processes, court processes, procedural matters and participation. Most of these are phrased for easy comprehension by lay people and practitioners, and general query solving. Plenty of cross links are given for consistency and elaboration.


Last year, Ms Butler expressed concerns when she discovered the Dunedin City Council had pushed for early Environment Court slots for expected appeals blocking the Awatea St stadium proposal. She considered this application to the Court to be highly unusual. Via media reporting – and, as underlined to Ms Butler by the Commissioners at the stadium plan change hearings – this was shown to be standard practice. Forward scheduling allows the Court to allocate personnel and resources to see to upcoming business. Appeal hearings have been sought for April or May 2009.


Case Management

One of the objectives of case management by the Environment Court is to “efficiently use available judicial, legal, and administrative resources, and achieve the purpose of the Resource Management Act (where that is the relevant controlling legislation)”.

Cases such as statutory plan appeals, appeals concerning a major development proposal (and matters referred to the Court by the Minister for the Environment under s141B(l)(b)) which require individual management are “assigned to a complex track, and are managed through mechanisms such as timetabling of procedural steps and progress reporting to the Court, judicial conferencing, and formal pre-hearing directions or rulings”.

To find out more about the Court’s case management system, go to:


Unsure of the term ‘designation’ as it applies to local authority planning processes? What does it mean?

Areas of land can be designated for use by requiring authorities as network utilities or public works, for example, roads. This means that works can be carried out without the subsequent need to comply with district plan rules. The process for designating land is similar to a resource consent application and provides for public submissions.

“[A designation] gives providers of network utilities and public facilities certainty and the ability to plan ahead. It gives them control over activities on the site to prevent anything that may compromise future works, even if the site remains in private ownership.”

In effect, the designation “creates a special zone within the district plan where the specified activity becomes a permitted activity”.

To note: “Tensions can develop between the community’s desire to achieve a good environmental outcome, and the necessity to provide public utilities such as a road or a wastewater treatment plant, within a designated area.”

Use the following links to view the full context of these excerpts:

Sections 166-186 of the Resource Management Act (RMA) deal with designations. These are searchable online.

Notified Decision

The Council notifies the decision of the requiring authority (Dunedin City Council, in this case) to all submitters and affected landowners/occupiers.

Planning hearing commissioners Roger Tasker, John Lumsden and John Matthews confirmed a notice of requirement for the new Harbour Arterial Link, subject to a list of conditions, on 9 January 2009.

STS, as a submitter, didn’t like the notified decision and has appealed to the Environment Court by the due date set down in the decision (2 February 2009).

ODT reports (go to link at top of page), “Among Stop the Stadium’s reasons for appealing to annul the Dunedin City Council’s “notice of requirement” – the process by which a designated authority gives notice it is seeking to designate land – were that the planned new infrastructure duplicated existing infrastructure; it was contrary to various objectives and policies of the Dunedin district plan and Otago’s regional policy statements and objectives because it failed to recognise available transportation alternatives and to reduce the use of fossil fuels and production of harmful emissions; and it made more appropriate technology less likely in the future. The new route would isolate the harbour area from the rest of Dunedin and make access to the harbour area more problematic…Ms Butler noted the commissioners had conceded a shorter arterial route through fewer private properties than would be needed to go around the proposed Otago Stadium site would be preferable.”

If you hold concerns similar to these about an RMA decision, initially you might consult the following guidelines, Resolving Resource Management Act Concerns and Your Guide to the Environment Court:

Better, directly consult a lawyer for advice and to know your options, and or an experienced RMA practitioner.

The Resource Management Act

The Ministry for Environment provides a gateway to information about the Resource Management Act 1991 (RMA), New Zealand’s main piece of legislation that sets out how we should manage our environment. http://www.mfe.govt.nz/rma/

The approach to environmental management under the RMA is centred on the concepts of sustainable and integrated management of resources. Other principles of national and lesser importance are set out in the Act.

The Environmental Defence Society (EDS) also provides a community guide to the RMA: http://www.rmaguide.org.nz/rma/introduction.cfm

In 2005, the RMA was amended – and shortly, it will be again.

The Resource Management Amendment Act 2005 changed Environment Court procedure. “Rather than the ‘de novo’ hearing, the Court must now consider the decision made by the consent authority, and the evidence that was presented at it. This provision avoids the need to re-hear entire cases, and will speed up Court proceedings. However, there has been a corresponding increase in the documentation that consent authorities are required to make for consent hearings.” http://www.rmalink.org.nz/view-subprocess.php?id=3

Quality Planning is another RMA resource, providing valuable information on a range of planning topics (including conduct at hearings), as well as best practice guidance and relevant case law. http://www.qualityplanning.org.nz/


Pending the Dunedin City Council’s decision on the stadium project tomorrow, will StS continue with its appeal? It’s understood Chalmers Properties Ltd (CPL) has also appealed the decision for the notice of requirement.

More soon.

Posted by Elizabeth Kerr

Postscript, from ODT Online

Comment submitted by andy73 on Sat, 07/02/2009 – 11:31am.
“Although I don’t particularly think that the ‘Stop the Stadium’ group is the best to represent the vast majority of Dunedin’s residents that are against the stadium, I am pleased that they are at least doing something about it. Dunedinite’s apathy is the reason we have ended up with such an out of touch council in the first place. I would hope that Stop the Stadium is also looking at legal ways of having this council removed from office due to a ‘vote of no confidence’ from the people. I really believe that the problem has got that bad!”


Filed under Design, Economics, Geography, Media, Name, Politics, Site, Stadiums, STS, Town planning