Crowdfund to tackle Tekapo hotel decision
A new non-profit group is aiming to raise $35,000 through a Givealittle page to take Mackenzie District Council to the High Court.
The Lake Tekapo Community and Friends Incorporated, set up by Tekapo resident Dr Natalia Zuleta, claims due process was not followed when council granted a consent to hotel developer Anthony Tosswill for the construction of a hotel which would share a street with the primary school, kindergarten and community hall.
‘‘It is a sad state of affairs when a small community finds itself having to crowdfund to take its own council to court for failing to do its job properly by firstly not engaging with the community and then unlawfully issuing a resource consent for a non-compliant largescale hotel development.
‘‘Our concerns have been and continue to be directed solely at the Mackenzie District Council for its failures during the resource consent process. We support well planned, sustainable development which enhances our community not pose a risk to the safety of our children.’’
The society’s bank account has been set up with a number of subaccounts, enabling it to fund other community projects and keep those funds separate from those raised towards the court action.
Zuleta said they have engaged Lane Neave Solicitors and Queen’s counsel Pru Steven to represent them at the High Court and legal pleadings were submitted a couple of weeks ago.
‘‘Our lawyers believe we have a solid case. The large scale of the hotel development meant it was non-compliant with parking and as such should have been publicly notified,’’ she said. ‘‘The shortfall in parking should not have been provided on road reserve, let alone next to the school. Other errors were also committed during the resource consent process.’’
Funds have already been raised to pay a security bond to start the process, legal fees have so far reached $10,000 and the group has been advised to raise $35,000-$50,000 in total to cover the council’s legal fees if the society loses the case.
If the society wins, council will have to cover some or all of the fees incurred which will go back into the community, Zuleta said.
Last year, Zuleta launched a petition against the development on
Change.org which at the time of publishing had garnered 1191 signatures.
In November, she organised a community meeting with Mackenzie mayor Graham Smith, which Tosswill attended, to air residents concerns.
The council has repeatedly defended its position, stating that the land in question is within a tourism zone in the District Plan and that under the Resource Management Act (RMA) it had no grounds to decline the consent.
It is also unable to reverse a granted consent and said the only action available to the community to take the matter further was to prove in court that due process was not followed, council said.
Zuleta requested all information council holds on the hotel proposal under the Local Government Official Information and Meetings Act (Lgoima) which it said it would provide by February 28, longer than the usual 20 working days, at the cost of $23,620 because of the man hours needed to sort, collect and, where necessary, redact personal or commercially sensitive information.
As the legal process is now underway, the Lgoima and the funds to pay for it were no longer required, she said.
Council confirmed it had received a copy of the application for judicial review filed in relation to the proposed hotel development.
‘‘The application is currently being reviews by the council and, beyond that, we are unable to make further comment on the matter while it is before the court.’’