Category: News

A News Post on something that has happened

Council to Seeks Strike Out of Defamation Proceedings Brought by Ms Penny Bright

$100,000 in legal fees later

 

I present this without comment from Auckland Council:

Auckland Council applies to strike out Penny Bright defamation proceedings

Auckland Council has applied to have Penny Bright’s defamation proceedings struck out, with the matter to be heard by the High Court at a hearing on 5 November.

The council is seeking to recover unpaid rates of $38,372.22 from Ms Bright which date back eight years.

Separately, Ms Bright has initiated defamation proceedings in relation to comments concerning her unpaid rates made by the council in a press statement last year, which the council is defending against.

Ms Bright has refused repeated offers from council to resolve the outstanding rates, in a manner which would avoid her incurring financial hardship or the sale of her house.

 

Auckland Council’s General Manager Finance Kevin Ramsay says: “Auckland Council did not initiate these defamation proceedings but clearly we need to respond to the claims Ms Bright has made. As we have said previously, we believe the views expressed about Ms Bright were fair and accurate, and we completely reject the accusations she has made.

“We have given Ms Bright every opportunity to resolve her outstanding rates bill in a way that would avoid financial hardship, including the option of deferment. That option remains open to her.”

“Ms Bright’s offer to settle the defamation case with an apology and a payment to her of $10,000 was unacceptable from our perspective. It is open to Ms Bright to stop the court action at any time without further unnecessary costs to ratepayers.”

The courts have discretion, but routinely award costs to successful parties. Costs will be sought if the application succeeds.

 

Further Information: Background to Defamation proceedings

The proceedings were brought by Ms Bright following this statement, issued by Auckland Council, in October last year.

The statement followed comments made by her in this Herald interview and other media reports prior to 10 October. 

 

Background to Ms Bright’s outstanding rates 

  • January 2008: A final notice for rates payment is sent, as well as numerous calls made to Ms Bright. Council discussed with Ms Bright the options for rates payment, including a rebate. During the final call to Ms Bright, she advised council she disputed rates owed.
  • March 2008: A statement of claim to Ms Bright’s rates was filed in court.
  • June 2008: A statement of defence was filed in court by Ms Bright.
  • November 2008: A reserved judgment was filed which states Ms Bright is liable to pay the rates due to council.
  • April 2009: A High Court decision awards $300 in costs to Auckland Council.
  • October 2009: A final District Court judgment for rates and legal costs is issued.
  • July 2010: A query from Ms Bright, regarding the age of construction of her dwelling is received. An inspection is carried out and a letter is sent to Ms Bright, confirming there is no impact on the value of the dwelling.
  • April 2011: A charging order is placed on Ms Bright’s property.
  • October 2011: A recommendation to proceed with legal action on outstanding rates is signed.
  • November 2011: Notice of claim is served on and accepted by Ms Bright.
  • December 2011: Ms Bright serves a notice of response on council.
  • January 2012: Auckland Council serves information capsule to the District Court.
  • February 2012: Auckland Council obtains a second judgment in Ms Bright’s rates arrears case as Ms Bright failed to, in response, file an information capsule to the court.
  • April 2012: A second charging order is placed on Ms Bright’s property.
  • March 2014: A notice of intention to enforce judgment sent after no contact or payment from Ms Bright.
  • March 2014: In the same month, Auckland Council applies for an enforcement of judgment for rates via a rating sale.
  • 9 October 2014: Ms Bright applies to set aside the default judgment.
  • 10 October 2014: Two days later, Ms Bright applies for a stay of proceedings.
  • 10 March 2014: Default judgment set aside following a hearing before Judge Harvey.
  • 26 March 2015: Auckland Council sends an amended rates invoice to Ms Bright, minus legal fees.
  • 12 May 2015: Auckland Council files an amended statement of claim, which now includes an application for a summary of judgment for unpaid rates from Ms Bright, dating from June 2006 to 11 March 2015.
  • 15 June 2015: Ms Bright files a notice of opposition to the council’s application for a summary judgment in the case.

—ends—-

 

Auckland’s Rail Contract Tender Postponed

Contract rolled over for Transdev

From Auckland Transport:

The procurement of a new contract for Auckland’s commuter rail operations is being placed on hold.

In April, Auckland Transport short-listed three companies, Transdev Auckland, KiwiRail and Serco NZ, to tender to operate rail passenger services from July 2016.

General Manager AT Metro Mark Lambert says the decision to postpone the release of the request for tender is being made due to a number of contributing factors.

“Since the decision to tender for a new contract, the Auckland Transport Alignment Project (ATAP) between Auckland Council and the Government has commenced that will consider strategic transport opportunities, which is likely to include rail services and infrastructure. The significant City Rail Link (CRL) infrastructure project will also commence enabling works in the next few months bringing the delivery of this project closer. With these key strategic considerations in mind it would be prudent to wait for any outputs that may impact the scope of future rail service delivery before we go to tender”.

Another key factor relates to the recent transition to full electric train operations (other than between Papakura and Pukekohe) from 20 July and achieving a stable period of high rail punctuality and reliability performance prior to release of the request for tender.

—ends—

And away she goes on her maiden trip from Papakura to Britomart on the Southern Line.
And away she goes on her maiden trip from Papakura to Britomart on the Southern Line.

Council Responds to the Salter’s Cartage explosion

Investigation under-way

I prodded the Council yesterday after seeing the Herald report on complaints of gaseous smells in the area as well as Manukau that drew complaints for the last six months prior to Wednesday’s explosion (see: Smells reported before deadly explosion).

This from the Council:

Salter’s Cartage explosion

Following the tragic incident at Salter’s Cartage yesterday afternoon, Auckland Council is providing assistance to WorkSafe NZ and other agencies to ascertain the cause of the explosion.

Staff are visiting the area today to check whether there are any contaminants discharging into the estuary that need to be contained as a result of the explosion.

On 6 August 2015, Auckland Council staff visited Salter’s Cartage for a routine compliance inspection and subsequently an abatement notice was issued for concerns with certain ducting and internal processes.

Salter’s Cartage was asked to provide an action plan to remedy issues by the end of September.

“Until WorkSafe NZ has completed its investigation we are unable to comment on the matter further,” says Auckland Council’s General Manager Resource Consents, Ian Smallburn.

Following yesterday’s incident the council has received queries regarding previous odour complaints recorded in the area.

Auckland Council has received approximately 60 complaints regarding gas odours in the general Wiri and Manukau areas since August 2014.

“Staff investigate each complaint thoroughly, and at this stage we have no conclusive evidence to associate these with any particular source,” says Mr Smallburn.

“Typically the odours were experienced over a short duration and have been reported in isolated pockets over a wide area, which makes investigating a source of origin very difficult,” he says.

Auckland Council has no evidence to suggest that either of the two issues outlined above are in any way associated with yesterday’s tragedy.

Auckland Council set up an oil recovery scheme with Salter’s Cartage, which was handed over to another organisation in 2012.

—ends—

Believe me when that smell lingered in Manukau (even causing fire alarms to be triggered and/or buildings to be evacuated as people thought natural gas was leaking) was potent, potent enough I could even smell it on the Southern Motorway more than once passing by Manukau.

So then what was the cause of that smell that did make people sick?

As for the abatement notice that does raise an eye brow as well.

Mangere-Otahuhu Local Board Meeting – September 2015

NRL 9’s Opening Ceremony in South Auckland

 

Today (and what is it with Agenda’s coming out at very short notice) Mangere-Otahuhu Local Board will conduct its montly meeting where I see a Notice of Motion has come up. You can read the web version of the agenda HERE.

 

That Notice of Motion:

Notices of Motion

11.1     Notice of Motion: Request for the NRL 9’s opening to be hosted in South Auckland
In accordance with Standing Order 3.11.1, the following Notice of Motion has been received from Nick Bakulich for inclusion on the agenda for the Māngere-Ōtāhuhu Local Board meeting being held on day, Wednesday, 16 September 2015.

Purpose

1.       The purpose of this Notice of Motion is to seek the Māngere-Ōtāhuhu Local Board’s support for the 2016 National Rugby League (NRL) Nines opening to be held at a venue in South Auckland and to request that the Southern Local Board Chairs consider recommending this to ATEED. 

Recommendation/s

That the Māngere-Ōtāhuhu Local Board:

a)      Receives the notice of motion

b)      Supports the opening of the 2016 National Rugby League (NRL) Nines at a venue in South Auckland.

c)      Asks the Local Board Chair, Lemauga Lydia Sosene, to raise this matter with the Southern Local Board Chairs Forum to seek their joint support for a request to ATEED to arrange the hosting of the opening of the 2016 NRL Nines at a venue in one of the southern local board areas.

…….

 

Okay given the size of Eden Park (60,000) and the amount of people the 9’s pull I am wondering if we have anything available of size in South Auckland to hold such an opening.

That said I am wary of this given the opening probably should be at Eden Park given this is where the 9’s will be held.

Will see what comes about from this.

 

Transport

Māngere-Ōtāhuhu Local Board – 16 September 2015

Auckland Transport Update – September 2015

File No.: CP2015/19141

Purpose

  1. This report provides an update on local transport matters over the last month for the Māngere-Ōtāhuhu Local Board (MOLB).

 

Executive Summary

  1. This report contains a general monthly update on transport matters both locally and from across Auckland and a list of issues currently being addressed by Auckland Transport for the MOLB.

 

Recommendation/s

That the Māngere-Ōtāhuhu Local Board:

a)      Receives the Auckland Transport Update – September 2015

b)      Supports the removal of all on-street car parking on both Mascot and Friesian Avenues required to deliver the ‘Future Streets’ project

c)      Supports any removal and replacement of street trees as part of the ‘Future Streets’ project.

d)      Supports ‘blocking’ Windrush Close in order to stop its use as a circuit by street racers and to create a gateway into the new walkway linking this street with Waddon Place.

 

Responding to Resolutions

  1. No ‘Resolutions’ require responses this month.

 

Discussion

Security at Mangere Town Centre

  1. Security around the Mangere Town Centre Bus Station has been an issue since May 2015.
  1. Initially, Auckland Transport worked closely with Auckland Council’s Parks Team to cut back shrubs and flax and install better lights on the road.  It has taken time to get the lights inside the bus shelter working but they have now been fixed.

 

Regional Land Transport Programme

  1. Development of the Regional Land Transport Programme is now complete and on 2 September 2015 Auckland Transport briefed the MOLB on the work scheduled to be delivered in the local board area.
  1. Attachment A is a copy of the presentation.

 

Berm Planting Policy

  1. Auckland Transport has written a draft document setting out how planting in the road berm might be managed. This draft has been approved to go out for consultation with Local Boards and was circulated to members of the MOLB on 27 August 2015.
  1. Auckland Transport is seeking feedback from Local Boards. The closing date for feedback is 30 September 2015 and all Local Boards are encouraged to make a submission.

 

Rail Update – City Rail Link Appeals Process Completed

  1. The City Rail Link (CRL) has reached a major milestone with all appeals to its land designation now resolved by agreement or dismissed. The confirmed designation identifies land in the district plan for rail purposes and protects the route for the future.
  1. There were six appeals and five of them were settled and the appeal that went to the Environment Court has been dismissed. The designation is now confirmed subject to finalisation of conditions by the Environment Court.

Fig 1 – Artist’s Impression of the Proposed New Aotea Station – Deep under the Aotea Centre

 

  1. Early works will start in and around Britomart in November 2015. While there are still some other planning processes to work through in relation to consents, Auckland Transport anticipates being able to start on the ‘cut and cover’ tunnel under  Albert Street in May 2016.
  1. Rail patronage in Auckland grew 21.7% in the year to the end of June, two and a half million more passengers than the previous year.
  1. When Britomart Transport Centre opened in 2003, annual rail patronage was less than three million. Future development in Auckland needs a reliable, efficient public transport system and the CRL will remove the current ‘bottleneck’ at Britomart allowing trains to circulate around the isthmus through Britomart rather than having to back out of the station before starting their journey.
  1. Auckland Transport’s replacement of the diesel fleet is complete and there are now six clean, modern, reliable electric trains per hour on the Eastern and Southern Lines and four trains per hour on the Western Line at peak hours. Completion of the CRL will allow even more rail services to be delivered.

 

Future Streets

  1. The ‘Future Streets’ project continues to progress. Currently the project’s designs are moving into detailed construction plans and consent processes are being undertaken both within Council and with Auckland Transport’s Traffic Control Committee.
  1. This process has identified a number of areas of ‘risk’ that require a clear statement of support from the MOLB to makes sure that they do not slow down these processes.  The project team has requested resolutions supporting the following points:
  • Removal of parking on Mascot and Friesian Avenues – The ‘Future Streets’ project includes removal of parking on Mascot and Friesian Avenues. Figure 1 is pictures of the proposed layout.  This layout has been discussed with the MOLB and with the community, with generally positive feedback. Current on-street parking use has also been studied and is limited because most houses have good off-street parking.

Even after considerable work with the community and MOLB, the proposal is very ‘progressive’, in that, it gives priority to pedestrians and cyclists over cars. The project team has therefore requested a strong signal of the MOLB’s support, preferably by resolution. A draft resolution has been included above for consideration by the MOLB.

The resolution will be used to demonstrate the MOLB’s support for the project when it is reviewed by Auckland Council and by Auckland Transport’s Traffic Control Committee.

Figure 1 – Pictures of the Proposed Road Layout on Mascot Ave.

  • Removal and replacement of trees – The ‘Future Streets’ project includes removal of approx. 40 trees on Mascot and Friesian Avenues and around the Waddon/Windrush Walkway.  The trees that will be removed will be replaced by approx. 80-90 new trees.

The reasons for removing the trees include ensuring the new road layouts have good visibility, replacing trees that are not growing well and making sure that criminals do not have places to hide near walkways.

The MOLB has requested that any trees removed that are usable are made available for re-use and the project team has agreed to this request in principle.

A draft resolution has been included above for consideration by the MOLB.

  • Blocking Windrush Close – The ‘Future Streets’ project heard from residents and local Police that Windrush Close is often used as a ‘race way’ by ‘boy racers’.  A proposal to block the road to prevent this behaviour and to create a ‘gateway’ for the walkway to Waddon Place has been included in the final plan.

 

This is another ‘progressive’ proposal that the project team would feel more comfortable about pursuing through the consenting and Traffic Control Committee process if the MOLB has clearly expressed strong support for it by resolution.
A draft resolution has been included above for consideration by the MOLB.

Figure 2 – Picture of the Type of Closure Proposed on Windrush Close

Figure 3 – Location of the Proposed Closure on Windrush Close

 

  1. The project is currently very active as the plan reaches the point that consents are being finalized and delivery planned in detail.  At this time there is the possibility that delivery dates may slip and at the time this report was submitted there was concern that delivery may start a little later than expected, unfortunately details will not able to be confirmed until the project team meets on 9 September 2015 and full verbal update will need to be provided at the meeting.

 

Local Board Transport Capital Fund (LBTCF):

  1. MOLB has a total pool of approx. $1,971,770 available in this electoral term to spend on transport projects.
  2. In its first electoral term the MOLB requested a number of projects and the progress of these projects is summarised in Attachment C.
  3. So far in this electoral term the Mangere-Otahuhu Local Board has identified six projects and these are discussed in detail in Attachment C.

Attachments

No. Title Page
AView RTPL presentation 35
BView Summary of Engagement 45
CView Capital Fund Projects 51
DView Issues Report 59
EView Summary of Consultation 61

Signatories

…………

Pictures and full agenda HERE.

 

Just waiting on the Otara-Papatoetoe Local Board’s agenda now given they have outstanding Resolutions concerning Manukau City Centre.

 

Change in Investor Immigrant Rules to Target Start Ups

Mayor endorses Government review

From the Office of the Mayor Len Brown:

Auckland Mayor supports changes to investor migrant rules

Auckland Mayor Len Brown has endorsed the government’s review of investor migrant rules and hopes it will see more funds directed into startups and growth companies.

The Mayor’s comments follow the release of a paper from Auckland business incubator Icehouse which proposes changing New Zealand’s Investor Migrant Policy to channel a portion of wealthy migrant investment into New Zealand’s strategic capital needs which include providing capital for emerging growth companies.

“Auckland is creating an innovation city,” says Len Brown.

“We have seen the emergence of companies like Orion Health, PowerbyProxi, Adherium and Wherescape. We are also the location for a number of venture capital and private equity funds, and some of New Zealand’s most active angel investors.  About half of all angel investment in New Zealand goes into Auckland-based startups.

“The key constraint for many technology companies, however, remains investment capital.

“An initiative which deepens the pool of capital available to be invested into growth companies will help shift our economy to one based on technology and innovation. And if that means these companies can grow while maintaining their New Zealand base that will be positive for the economy.

“The Icehouse idea has merit.  If we can attract migrants who want to invest into growth companies and opportunities in Auckland and New Zealand, it can only be good.

“I hope the government gives it careful thought as it undertakes the review.”

—ends—

Sounds good although I hope the idea is not going to be Government handled thus picking winners like Minister Steven Joyce likes to do (and fails).

The idea would benefit Auckland especially as like-type business and industries clump together naturally (rather than having a public authority do it via innovation hubs) for agglomeration bonus effects that start kicking in.

In Southern Auckland’s case that would be:

  1. Education
  2. Food and Beverage
  3. Health/Population/Social
  4. Technology