We have to stand up to the council bureaucrats
Iwas recently referred to by a journalist as a “tenacious” lawyer. However, last year my dealings with bureaucracy and councils have made the law courts seem straightforward in comparison.
I have had two previous dealings with councils on matters of public interest which gave me confidence in the process. With the Auckland City Council it was over saving the Tepid Baths. That was in 2008 till the pool reopened in 2012.
Council employees wished to turn the pool into commercial premises, they had deliberately not done maintenance on the pool for eight years. Democracy won.
Mayor John Banks was a star. He formed a working committee and after consultation with it the council voted unanimously to restore the Tepid Baths. A major asset for Auckland remains, now referred to as “the jewel in the Crown”.
The other proper working of the democratic process was with Thames Coromandel District Council (TCDC). In 1939 the Williamson family gifted Williamson Park at Whangamata “to the people for their use for life”.
In 2001 a consent application was made to build a restaurant in the park. Beverly Williamson, whose parents had gifted the park, asked me to help her to stop this happening. Fortunately the council’s lawyers and commissioners agreed it was a breach of the gift. The council formally passed a resolution that in the future the park could not be used for commercial purposes. Unfortunately the council files and records relating to this period can no longer be found.
My first disappointment in the process came from the same council. In 2015 TCDC employees decided to change the rules relating to reserves and the council sought on behalf of promoters to have fenced and ticketed events. Permission came with no public hearing and that Christmas Williamson Park was largely closed to the public from December 30 to January 11.
The council then sought a 15-year consent to have seven night events and 20 day events a year. Luckily this needed public notification (we had threatened to go to the Environment Court if this were not so). In October a two-day consent hearing before a commissioner was held.
Our group opposed to this application had to form an incorporated society. It seems this is the only way to stand up to a council that has unlimited funds at ratepayers’ expense. We sought a meeting with the council to discuss this. (There had never been a council debate on this proposal.) Our request was declined.
Our society had to employ two experts and a lawyer and ultimately the commissioner granted only one ticketed fenced event outside December 28 to January 4, something we can accept.
The most recent matter I have been involved in, to a far lesser extent is the “Duke helicopter saga”. When I became aware of the proposal I contacted the residents’ association and the Local Board. Both were opposed to having helicopters land on a boat shed on Sentinel Beach. This was ignored by council officers.
I am aware, as a surf lifesaving lifeguard for many years, that a helicopter must approach the beach with extreme care. It will cause water turbulence and sandblast people on the beach.
But the council considered public notification was not needed and proceeded to grant consent to Mr Duke.
There was a public outcry and again individuals rallied and took a court action to oppose the council’s actions. Fortunately the High Court ruled against the council, saying there should be public notification for a number of reasons.
What can be taken from all of this? The Tepid Baths and (initially) Williamson Park were dealt with in an open, informed way, with the council voting. It never voted on the park and the helicopter issue, council officers exercised the power.
My observations are that councils are more and more being dictated to by bureaucrats and our elected representatives (apart from the Waitemata Community Board) are failing in their duty to stand up to them.
It can be no excuse that they have to rely on advice from staff. If they are not prepared to stand up and be counted then the public are forced to take on this mantle. It can be time consuming, and expensive, but we have to “keep the buggers honest”.