Approach of commissioner irks developer

A QUEENSTOWN developer has come out swinging with accusations of alleged bias in the wake of a contentious hearing on affordable housing.

Hearings have been taking place over a Queenstown Lakes District Council proposal which would force developers to contribute 5% of the estimated sales value — either through land or a monetary payment — to fund affordable housing.

Since the end of the hearings, Glenpanel Developments Ltd (GDL) has called for the recusal of commissioner Ken Fletcher, who is one of four on the panel set to decide on the matter, accusing him of carrying out his own research and apparent bias.

Mr Fletcher hit back in his own memorandum, saying he had ‘‘no agenda or position to promote’’ and approached the hearing with an open mind. ‘‘That remains the case.’’

The panel’s chairwoman, Jan Caunter, has given GDL until today to respond, and will make a decision on whether Mr Fletcher has to recuse himself this week.

In a memorandum delivered to the panel, GDL adviser James GardnerHopkins took issue with Mr Fletcher for his approach.

‘‘Commissioner Fletcher explained that he had made his own independent inquiries of Stats New Zealand as to how they categorise local authority development and financial contributions.

‘‘He explained that he had been advised that they were an unrequited capital transfer, not a tax.’’

Many of the submitters, including GDL, have argued the proposed plan change was similar to a tax and, as a result, were outside the boundaries of the Resource Management Act.

Mr GardnerHopkins said Mr Fletcher’s actions were ‘‘considered to be quite extraordinary, and improper’’.

‘‘The panel’s task is a quasijudicial one, with its decision to be made on the basis of the evidence put before it.

‘‘It is quite unusual for a panel member to embark on their own investigations, and then use those investigations as a basis for interrogating a witness.’’ He said GDL was concerned that Mr Fletcher had “entered the fray” in a way that, ‘‘regrettably, raises a question of apparent bias’’.

He requested — on behalf of GDL — that commissioner Fletcher be recused from the hearing.

In his response to GDL’s memorandum, Mr Fletcher’s right of reply said he made a call to Stats New Zealand to check if his understanding — based on working at the organisation for 22 years — about whether financial contributions were considered a tax.

‘‘There were no ‘investigations’.”

He made the call after noticing that GDL’s tax expert had incorrectly asserted New Zealand classified development contributions and financial contributions as taxes.

Mr Fletcher’s biography on the QLDC’s hearings website said he had 22 years’ experience as an economist before his fiveyear term sitting on the Environment Court as a commissioner.

He has also worked at the Ma¯ori Land Court.

While an Environment Court commissioner, he sat on the bench for cases involving the Queenstown Lakes and Central Otago District Councils.

❛ It is quite unusual for a panel member to embark on their own investigations . . .