Judge reserves decision on NG case

The need to force acquisition of a more than century-old building on the site of Christchurch’s new stadium had become urgent because the owners refused to negotiate, a judge has been told.

Land Information NZ (Linz) has given notice the NG building on Madras St is to be compulsorily acquired, but owners Sharon Ng and Roland Logan want it saved either by moving it or incorporating it in the new stadium design.

It sits on the southwest corner of land earmarked for the city’s multi-use arena.

In the High Court at Wellington yesterday, Ng and Logan asked for interim orders to stop the legal title changing to complete the forced acquisition, pending a full hearing of the case.

The Crown’s current plan is to acquire the property under the Greater Christchurch Regeneration Act, but that power expires on June 30.

Justice Andru Isac reserved his decision.

Ng and Logan’s lawyer, Tiho Mijatov, told the court the decision to acquire urgently was based on ‘‘lopsided’’ advice to the land information minister. Contestable information was presented as fact, including the estimated cost to move the building. The minister was told it would cost $5.7 million to relocate the building, whereas Logan had quotes that suggested relocation might cost $1.8m or $1.9m.

The earthquake strength rating of the building was also disputed. Mijatov said Ng and Logan should have been given the chance to respond.

The Greater Christchurch Regeneration Act had a draconian power with no right for the landowners to challenge acquisition, except through judicial review in court, Mijatov said.

After that acquisition power expired, the Christchurch City Council could use the Public Works Act but that was a slower process with more opportunity for challenges.

The flurry of action to acquire the land and building came after about eight years of talks and long periods of inactivity, Mijatov said.

The Crown’s lawyer, Harry Ebersohn, said to incorporate the old building would compromise the functionality of the stadium design.

He said Ng and Logan couldn’t refuse to negotiate right until the end and then raise a possibility to restart the process.

The judge said he understood the need to avoid ping-pong, but the process still had to be fair.