Vogels reignite legal battle
Taxpayer money will once again be rolled out as the Crown lets through a second rehearing on Vogel House.
Citing a breach of natural justice, Tim and Geoff Vogel have applied for a second rehearing on the Crown Land Commissioner’s decision to offload the former ministerial house in Lower Hutt to two charities: Wellington SPCA and the Vogel Charitable Trust, which helps the poor and needy in Lower Hutt.
The house, valued at $5 million, belonged to the Vogel brothers’ grandparents, James and Jocelyn Vogel, and was left to the charities in Jocelyn’s will.
The decision to offload the home was made in January 2016, but the contested process now looks set to drag on until the end of the year. More than $10,000 in public money has already been used on the Crown’s end of the case, including $1500 in legal fees.
Crown Land Commissioner David Gullen has told the parties this will be the final rehearing, but Tim Vogel claims there is no limit on how many times a party can appeal the commissioner’s decision.
In a letter to the parties, Gullen said: ‘‘I am determined to ensure a legally robust decision is made as soon as possible.’’
News of the granted rehearing was met with frustration by Wellington SPCA boss Steve Glassey. ’’Every day this is allowed to go on is a day that [Jocelyn] Vogel’s estate can’t help the animals and the people of Wellington.’’
Glassey said the charities would sell the house if it fell into their hands. The charities stand to gain up to $2m each from a potential sale of the house, if it was sold at market value.
Morrison Kent partner Andrew Stewart, a trustee of Vogel Charitable Trust, said he respected the legal process had to be followed. ‘‘We will just battle on.’’ Glassey said: ‘‘We would hope that common sense would prevail and that [Jocelyn] Vogel’s wishes to help animals are preserved.’’ Tim Vogel said the second rehearing was a beacon of hope for him and his brother, both of whom claim the decision-making process has been flawed. In their original application, the Vogels claimed the family connection to the house would be lost if it were to be gifted to the two charities.