9 (2) (a)
From:
9 (2) (a)
@aucklandcouncil.govt.nz>
Sent:
Thursday, 12 September 2019 9:40 AM
To:
Brodie Stubbs
Cc:
David Barker
Subject:
FW: Concerns regarding the Proposed National Erebus Memorial
Attachments:
3880607 Letter to Waitemata Local Board - v5.pdf
Morena Brodie
I just wanted make your aware that the local board received the attached letter this week from Russel McVeagh
who is acting for a Parnel resident. 9 (2) (g) (i)
I’l keep you update on where this lands.
Thanks
9 (2) (a)
Kia manahau tō rā
9 (2) (a)
– Waitematā
Waitematā Local Board
Email 9 (2) (a)
@aucklandcouncil.govt.nz
Ph 9 (2) (a)
Auckland Council, 52 Swanson Street, Auckland
Visit our website: www.aucklandcouncil.govt.nz
There are building works in and around our premises.
Please take note of, and adhere to, safety instructions.
Entry to the local board office is via the main Shine Lawyers
foyer. Knock on our opaque glass door for access.
From: 9 (2) (a)
@russel mcveagh.com>
Sent: Monday, 9 September 2019 12:32 PM
To: Pippa Coom (Waitemata Local Board) <[email address]>
Cc: 9 (2) (a)
@russel mcveagh.com>
Subject: Concerns regarding the Proposed National Erebus Memorial
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
Dear Pippa
We act for 9 (2) (a)
, a Parnel resident with concerns regarding Manatū Taonga Ministry for Culture and
Heritage's proposal to establish a National Erebus Memorial in Dove Myer Robinson Park.
Please see the attached letter sent on behalf of our client.
We look forward to hearing from you as soon as possible.
Kind regards
1
9 (2) (a)
9 (2) (a)
Solicitor
Russel McVeagh, Vero Centre, 48 Shortland Street, PO Box 8, Auckland 1140, New Zealand
D +64 9 (2) (a)
9 (2) (a)
@russel mcveagh.com
www.russellmcveagh.com
This email contains confidential information and may be legally privileged. If you have received it in error, you may not read, use, copy or disclose this email or its
attachments. In that event, please let us know immediately by reply email and then delete this email from your system. While we use standard virus checking software, we
accept no responsibility for viruses or anything similar in this email or any attachment after it leaves our information systems. If you are interested in establishing more
secure communication between us, please contact our systems administrator by email at mail.admin@russel mcveagh.com
Please think of the environment before printing this email.
To help
protect your
privacy,
Micro so ft
Office
prevented
auto matic
download of
this pictu re
from the
In ternet.
In
September,
Auckland
Council
sh ines a lig
CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are
not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email
message in error please notify us immediately and erase al copies of the message and attachments. We do not accept responsibility for any
viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in
this email may be those of the individual sender and may not necessarily reflect the views of Council.
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
2
9 September 2019
Waitematā Local Board
By email
c/o Pippa Coom
email: [email address]
AUCKLAND Dear Chairperson and Members of the Board
CONCERNS REGARDING THE PROPOSED NATIONAL EREBUS MEMORIAL
1.
We act for 9 (2) (a)
, a Parnell resident with significant concerns regarding
Manatū Taonga Ministry for Culture and Heritage's ("
Ministry") proposed
National Erebus Memorial ("
Proposal") to be located in Dove Myer Robinson
Park.
2.
9 (2) (a)
does not oppose the establishment of a memorial to commemorate
the lives lost in the 1979 Erebus plane disaster. The Erebus disaster was a
national tragedy, and 9 (2) (a)
feels that the families of those who died deserve
to feel the support of the New Zealand public and to have a place of reflection
that commemorates the lives of their loved ones. However, 9 (2) (a)
concerns are:
Partners
Frederick Ward
(a)
the appropriateness of Dove Myer Robinson Park as the location for the
Brendan Brown
Proposal; and
Malcolm Crotty
Joe Windmeyer
Guy Lethbridge
(b)
the selected design: Te Paerangi Ataata – Sky Song.
John Powell
Ed Crook
Tim Clarke
Sarah Keene
3.
These concerns have been exacerbated by the Local Board's lack of consultation
Sarah Armstrong
in relation to the Proposal. We understand that no consultation has occurred in
David Hoare
Matthew Kersey
respect of the Proposal, which is to be put before the Local Board on 17
David Butler
September 2019 for final land-owner approval. Given the importance of the
Craig Shrive
Deemple Budhia
Local Board's decision, it must undertake consultation on the Proposal before
Mei Fern Johnson
Daniel Jones
any further decision is made in order to comply with its Local Government Act
Polly Pope
2002 ("
LGA") obligations.
Allison Arthur-Young
Christopher Curran
David Raudkivi
4.
We outline 9 (2) (a)
concerns in further detail below.
Tom Hunt
Kylie Dunn
Daniel Minhinnick
Troy Pilkington
Substantive concerns
Marika Eastwick-Field
Ian Beaumont
Stephen Rendall
Location
Cameron Law
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
Joe Edwards
Benjamin Paterson
5.
Dove Myer Robinson Park is highly valued for its green open space, Manuka and
Emmeline Rushbrook
Pohutukawa trees, feature rose garden, and significant ecological bush areas.
Anna Crosbie
David Weavers
The Park is also set within Judges Bay which is of great historical and cultural
Liz Blythe
Nathaniel Walker
William Irving
3880607
1 of 4
russellmcveagh.com
Auckland Vero Centre, 48 Shortland Street, PO Box 8, Auckland 1140, New Zealand DX CX10085 P +64 9 367 8000 F +64 9 367 8163
Wellington Dimension Data House, 157 Lambton Quay, PO Box 10-214, Wellington 6143, New Zealand DX SX11189 P +64 4 499 9555 F +64 4 499 9556
importance. As the population of Auckland continues to grow,
9 (2) (a)
feels
what remains of local public open space should be protected for the enjoyment of
current and future generations. From 9 (2) (a)
perspective green, pristine
areas are good for the population's physical and mental health.
6.
9 (2) (a)
does not feel that Dove Myer Robinson Park is the appropriate
location for the Proposal in its current form. The Proposal would diminish the
natural amenity of the park, and reduce the value of the site as a recreation
reserve.
7.
In addition, many other proposals to establish memorials in Dove Myer Robinson
Park have been previously rejected by Council.
Design
8.
The key objectives for the Proposal are to accommodate a wide range of uses
through an accessible design that can inspire a range of interpretations and
meaning, and to achieve a high standard of design that is sympathetic to, and
adds value to, the Proposal's location and surroundings.1
9.
9 (2) (a)
feels that the scale and bulk of the design selected does not add to
the high public amenity value associated with the open grass areas and belts of
vegetation at Dove Myer Robinson Park. 9 (2) (a)
feels the scale of the
Proposal, and the amount of concrete involved, detracts from the accessibility of
the park space in its current form as a natural open space.
Procedural concerns
10.
The Waitematā Local Board is required to carry out its obligations in accordance
with the LGA.
11.
Section 48K of the LGA states that in carrying out non-regulatory activities, a
local board must comply with the requirements of section 78. This section
provides that a local board must, in the course of its decision-making process
give consideration to the views and preferences of persons likely to be affected
by, or to have an interest in a matter.
12.
Though local boards are given discretion in terms of how best to abide by this
general obligation,2 the LGA requires that a local board must have regard to:
(a)
Section 82: the significance of the decision or matter;
(b)
Section 79: the extent to which the nature of a decision, or the
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
circumstances in which a decision is taken, allow for consideration of the
views and preferences of other persons; and
(c)
Section 14: the views of all of its communities.
1 Waitematā Local Board Meeting 20 November 2018, agenda notes.
2
LGA, section 79(1)(a).
3880607 v5
2 of 4
13.
Section 48C of the LGA states that the purpose of local boards is to make
decisions democratically on behalf of the communities they represent.
Significance of the decision
14.
The Local Board's decisions in respect of the Proposal are of a significant nature.
One of the key objectives of the Proposal is to establish a memorial which
expresses the magnitude of the Erebus disaster and is an enduring legacy to
New Zealanders.3
15.
Clearly the Proposal is of national significance. Therefore, the views and
preferences of persons likely to be affected ought to be taken into account as
part of the process the Local Board adopts in making decisions regarding the
Proposal.
Views of the community
16.
To our knowledge, no consultation has been undertaken by the Waitematā Local
Board in respect of the Proposal. As the process adopted by the Local Board to
date in relation to the Proposal has failed to highlight the views and preferences
of members of the community, a failure to undertake consultation now to allow
those views to be considered would represent a breach of section 78 of the LGA.
17.
Given the importance of the decision before the Local Board, there are grounds
for public notification of any resource consent applications in connection to the
Proposal on the basis of special circumstances. However, any potential
consultation or notification that might be carried out through any resource
consent process does not avoid the Local Board's own consultation obligations
under the LGA.
Request
18.
For these reasons, our client requests that greater consultation is undertaken by
the Local Board in respect of the Proposal before land-owner approval is given.
19.
Our client also requests to be heard on the matter at the 17 September Local
Board meeting.4
Yours faithfully
RUSSELL McVEAGH
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
9 (2) (a)
Partner | Solicitor
3 Waitematā Local Board Meeting 20 November 2018, agenda notes.
4 Under the Auckland Council Standing Orders Waitematā Local Board, at [7.1.1].
3880607 v5
3 of 4
Direct phone:
9 (2) (a)
Direct fax:
9 (2) (a)
Email:
9 (2) (a)
@russellmcveagh.com
9 (2) (a)
@russellmcveagh.com
RELEASED UNDER THE OFFICIAL INFORMATION ACT 1982
3880607 v5
4 of 4
