Shelly Bay development headed for courts again
Wellington’s heavily-litigated Shelly Bay development looks likely to find itself back in the courtroom, a leaked document shows.
A legal letter on behalf of some members of Taranaki Wha¯nui has essentially asked developers to open its books to show whether, as some suspect, there was a ‘‘major transaction’’ when land was sold out from beneath iwi without its consent.
The Wellington Company and the Port Nicholson Block Settlement Trust (PNBST) plan to develop Shelly Bay, on the Miramar Peninsula, with hotels, 350 apartments and townhouses, a rest home, a ferry terminal, a marina and a cable car link to Mt Crawford.
Grant Knuckey, one of those who the Izard Weston letter was on behalf of, confirmed the issue was heading towards a legal challenge.
‘‘We are seeking clarification on some transactions that may or may not have taken place.’’
The most crucial of those transactions was whether PNBST sold parcels of land owned by the Taranaki iwi without 75 per cent of its members agreeing to the sale. The trust deed says it needs that mandate for a ‘‘major transaction’’.
The iwi members argue that if the land was sold without that mandated vote, they should have the rights to have the land deal set aside.
Port Nicholson Block Settlement Trust chairman Wayne Mulligan confirmed to Stuff that small parcels of land at Shelly Bay had been sold, but not enough to make it a ‘‘major’’ transaction.
He would not say what percentage of iwi-owned land at the site had been sold, but said it was all within the rules.
‘‘We have not completed any major transactions in breach of the trust deed.’’
Asked whether he was willing to go back to court, Mulligan said it was not his decision. But if it did, he would respect the judicial processs.
Wellington councillors and the city’s mayor, Justin Lester, were forwarded the legal letter, along with an email from Knuckey.
Lester’s chief of staff, Joseph Romanos said the mayor told him it was an iwi issue and for iwi to determine.
‘‘We deal with the elected leadership, who are representing the iwi, and they need to reconcile these issues with their leaders.’’
Acting Wellington Mayor Simon Marsh said it was a matter for iwi to deal with and not the council. ‘‘They need to make the decisions, and if it comes to anything in the long-term then that is something we will have to deal with down the line.’’
‘‘We are seeking clarification on some transactions that may or may not have taken place.’’
Grant Knuckey