Council’s eight-year parking saga ends
An eight-year parking stoush has taken its final turn leaving the tenants of a Wellington apartment block still without residents parking permits.
On Wednesday, the Court of Appeal quashed a 2016 decision that allowed Minotaur Custodians, owned by Zorab Barbalich, a second legal chance to put its case for resident parking.
In February 2016, Justice Jillian Mallon criticised the Wellington City Council’s ‘‘irrational’’ consultation process saying Minotaur should have been told of proposed changes that stopped tenants parking outside the Hanson St apartment building.
But the Court of Appeal found the council had offered an opportunity to consult in 2010, which Minotaur did not take up and provided no explanation why.
‘‘Although the council made it clear [before Judge] Mallon that the opportunity was no longer open, the point is that it was open at the time, when the rules were new and did not yet apply to Minotaur,’’ the ruling said.
‘‘It would be unfair to give Minotaur a second chance when it offers no excuse for its failure to take the first one.’’
The controversy dates back to December 2009 when the council declared that resident parking permits would be given only to people living in areas zoned ‘‘residential’’ under the District Plan.
Barbalich accused the council of failing to follow due process because it did not contact him directly about the parking changes when they were subject to public consultation back in 2009.
Minotaur wanted its apartment tenants on the boundary of innercity suburbs Mt Cook and Newtown to be able to get resident parking permits, but was told the area had only 344 residents-only spaces and 522 permits.
In 2016, Mallon said no logical rationale was put forward by the council as to why it it was appropriate to target residents and businesses in the affected areas for consultation, but not landlords.
But the Court of Appeal overturned that decision, and Minotaur was ordered to pay the council’s court costs for a standard appeal.
Council spokesman Richard MacLean said:‘‘The decision will save the ratepayers thousands.’’