Latest news with #PublicWorksAct
Newsroom
a day ago
- Business
- Newsroom
Auckland's new cemetery dead and buried
Auckland Council has withdrawn its bid to forcibly acquire land in west Auckland for its much-needed new cemetery to replace Waikumete – stymied by iwi consultation failures and possible fast-track housing. The council told Land Information NZ and the Environment Court this week it is abandoning its attempt under the Public Works Act to compulsorily purchase land at 1080 State Highway 16 at Reweti, northwest Auckland, for the urgently needed cemetery. A report to Thursday's policy and planning committee says the council expects some public criticism because of the costs it has sunk so far in trying to secure the site, the first choice of 45 on an initial list formed years ago. From a shortlist of five, the council has been trying to buy the land for almost three years. The report, by Taryn Crewe, the council's general manager of parks and community facilities, says there remains an 'extreme shortage' of burial space in the west of Auckland. Waikumete, at Glen Eden, is the country's largest cemetery but has paused sales of adult burial slots for two years. The Reweti and owner Halberd Holdings had first refused to sell, then objected to the mandatory deal under that act, sending the matter to the Environment Court. At the court, local mana whenua groups objected, complaining the council had failed in its duties to consult on the cemetery plan. Federated Farmers also objected. The last straw for the council seems to have been Halberd moving to apply under the Fast-track Approvals Act for a green light to build houses on the land, with backing from the mana whenua groups. The council report says once that was known the council offered to withdraw the application if Halberd declined to seek costs from ratepayers, an offer which was accepted. Officers accept the consultation with mana whenua groups was deficient and say that was not realised until too late, after the Public Works Act compulsory acquisition demand was made. This increased the risk of not securing Resource Management Act approval to enable a cemetery on the land – which had been picked after considering essential cemetery pre-conditions such as soil types, flood plains, gradient, groundwater levels and the proximity of streams and rivers. 'Council staff met with mana whenua over the past few months to try to resolve their objections, but were not successful,' the note to councillors says. 'Taking all relevant factors into account, particularly the good faith relationships with our mana whenua partners, the decision was made not to proceed.' The fact the new land use under a likely Fast-Track Approvals Act application would involve a 'large number' of residential dwellings also weighed on the decision to abandon. As well, delays caused by court action and RMA objections could impact the urgent need for more burial spots in coming years. 'Council staff remain committed to continuing good faith engagement with mana whenua partners and progressing the urgent need to acquire land for cemetery purposes in northwest Auckland.' The report does not say if the other four properties shortlisted back in 2022/23 would still be available and pursued. RNZ reported in March that Waikumete Cemetery had paused the sale of adult burial plots until 2027 – when an additional 800 burial plots are set to be created. It quoted Crewe saying if the Reweti replacement fell over, there were other options. 'If something happens along the way where we weren't able to purchase that particular piece of land, work has been done to identify other areas,' Crewe said. 'But they're not the type of property we want compared to this one, we'd had to go back to the drawing board again and start that process again with other landowners.' He said legal issues had slowed the acquisition of new burial land. 'From the 2022 decision with the committee we hoped we could have progressed things with a willing seller and willing buyer way quicker, but that's just the nature of the process.'
Scoop
7 days ago
- Politics
- Scoop
David Seymour Lashes Officials After LINZ Becomes Latest Agency Raising Concerns About His Regulatory Standards Bill
Another government agency is warning the costs to comply with the Regulatory Standards Bill could be "significant", and hinder the government's ability to acquire land for infrastructure projects and public works. Documents show Land Information New Zealand (LINZ) officials issued the warning to the Ministry of Regulation in March after it asked for feedback. Regulation Minister David Seymour has hit back at the criticisms, blasting officials for not prioritising New Zealanders' rights, saying it's proof the bill is needed. Earlier, RNZ revealed Ministry for Business, Innovation and Employment officials raised fears the bill could be much more expensive than previous estimates, and could lead to business uncertainty, slowing economic growth. LINZ, which has a key role in managing Crown land, land title systems and regulatory frameworks that govern land use and access, said the "overly rigid emphasis" on property interests could affect the government's ability to acquire land for infrastructure or public good projects. It also worried it would create "legal barriers for returning land to iwi" under Treaty of Waitangi settlements, according to feedback obtained by environmental activist group Greenpeace under the Official Information Act. "While strong property rights are important, an overly rigid emphasis on property rights may conflict with broader regulatory objectives, including the Government's ability to acquire land for infrastructure or public good projects," officials wrote. "The potential cost and resource implications to comply with the new requirements could be significant, depending on the guidance issued by the Minister," it told the ministry. LINZ also warned the bill could limit the ability to respond quickly to emergencies, such as natural or climate-related disasters. The agency declined to be interviewed or answer further questions about the concerns it raised. It did not give any details about the extra costs it might face. Officials 'see rights as an inconvenience' - Seymour Regulation Minister David Seymour said LINZ's comments were "worrying." "LINZ do important work, including administering the Public Works Act, which they well know already requires compensation for taking people's land. That makes their comments surprising, and worrying," Seymour said in a statement to RNZ. "At their heart, they see New Zealanders' rights as an inconvenience, when they are supposed to be public servants. "The comments they have made further prove the need for the Regulatory Standards Bill. Public Servants should not see respecting people's rights as an inconvenience, it is one of their duties." Seymour said ministers could "ignore the bill" in a crisis or emergency situation, while Treaty Settlement Bills were also exempt from consideration under the bill. Officials criticisms of the bill were proof it was needed, he said. "One thing that is becoming clear from some government departments' criticisms of the bill is that they don't take New Zealanders' rights seriously, seeming to see them as a nuisance that stops them making rules and going home early. Public servant attitudes to our basic rights, as shown in some of their comments, are another good reason why we need the Regulatory Standards Bill." 'Stark warning' about a 'dangerous bill' Greenpeace said LINZ's comments were a "stark warning", especially as flood-hit Tasman faces a huge clean up after three storm events in recent weeks. Infrastructure was urgently needed to prepare for, and recover from climate disasters, said spokesperson Gen Toop. "Things like flood protection, transport and communication links, and renewable energy," she said. "The Regulatory Standards Bill is dangerous. It would tie the Government's hands at the very moment when urgent climate action and disaster preparation are needed most. "This new warning is yet another nail in the coffin for this doomed bill. It has attracted blistering criticism from the United Nations, legal experts, health professionals, Māori leaders, environmental groups, and the public service itself," said Toop. Several government agencies have sounded warnings about the bill, including the Treasury which predicted the it could "adversely impact the cost and speed of government infrastructure projects and public works in the future." According to the Ministry for Regulation, the proposed Regulatory Standards Bill (RSB) seeks to "establish a benchmark for good legislation" by introducing a set of principles of "responsible regulation". Essentially, the bill creates a set of rules that all lawmakers must consider in regulation design. The law would also set up a Regulatory Standards Board, which would respond to concerns raised around the consistency of regulation. Appointed by the Regulation Minister, the board would be able to make non-binding recommendations, much like the Waitangi Tribunal. The bill is currently with the finance and expenditure committee, which is expected to report back in November. If it passed into law, it would likely take effect at the start of next year.
Scoop
06-07-2025
- Politics
- Scoop
Te Waka McLeod Facing Peter Moeahu For New Plymouth Māori Ward
In what might be the last election for New Plymouth's Māori ward, voters will choose between a young māmā ushering in the next generation and an experienced campaigner wanting land returned. Three years ago Te Waka McLeod won Te Purutanga Mauri Pūmanawa ward and on Friday confirmed she would stand again. She faces one opponent so far: kaumātua Peter Moeahu, who has been active in council chambers for decades. More may stand before the four week cut-off but candidates are competing for an uncertain prize. Like almost all Māori wards, New Plymouth District Council's newest seat might be pulled from under the victor after three years, via a government-ordered referendum at October's election. McLeod said the threat steeled her determination that the coming generation will know they belong in local government. "Māori faces at the table are vital so rangatahi can imagine themselves sitting there." "If Māori wards are voted down I worry people might forget how deeply we care about how our communities are run, how all our people and places are cared for." During her first term "quiet conversations and gentle educating" had brought progress, as had Taranaki's iwi liaison committees, other committees with tangata whenua representatives, and Māori staff. "Everybody in the room sees how useful it is." "Non-Māori councillors, staff and voters no longer have to guess what we're trying to achieve together with them." McLeod had a baby in office and wanted to show young parents - especially mums - they could be involved. "I don't need to be the loudest voice in the room. I work on kaupapa aligned with my values and my people and that's how change happens." Peter Moeahu often has had the loudest voice in the room. Across the reigns of five New Plymouth mayors he has stood up for mana whenua in Taranaki's council chambers. He sits on Taranaki Regional Council's Policy and Planning Committee and South Taranaki District Council's Te Kāhui Matauraura. Moeahu said several New Plymouth councillors who had become experienced with iwi and hapū aspirations are stepping down, leaving him worried about candidates from right-wing ratepayer groups and the Act Party. "That's why I'm throwing my hat in the ring," he said. "If this is the last term for the Māori ward I want to be there and face up to whoever they chuck at us." Moeahu wants a specific win: the return of land taken from Puketapu hapū in 1968, with no record of compensation. His grandfather Pehimana Tamati helped established a trust for Mangati E Māori Reserve. "Three years later, the county council just took the land. Just took it under the Public Works Act." Earmarked for sewerage works, nothing happened beyond the digging of two oxidation ponds Moeahu believes were never used. New Plymouth District Council inherited control and Mangati E is part of Bell Block's Hickford Park and the coastal walkway. In 2022 Moeahu asked for Puketapu's land back, but councillors halted progress to investigate how to deal with the range of Māori land it governs. "There are Māori reserves all around New Plymouth that were set aside for us to live on, for us to prosper on - and they're no longer in our hands," Moeahu said. He wants Mangati back as a priority and precedent. "I want to see the finalisation of this piece of land, Mangati E, in my lifetime so we don't leave the situation for the next generation." National's coalition deals with NZ First and Act promise referendums for wards elected by voters on the Māori roll. No other type of ward can be voted down. If voters ditch Te Purutanga Mauri Pūmanawa it cannot be resurrected for six years.
Scoop
03-07-2025
- Business
- Scoop
Mounting Legal Threats And Property Deal Patterns Spark Fresh Call For National Inquiry
Tauranga, NZ – Civic watchdog and advocacy group Lobby for Good is renewing its call for an independent investigation and a full Auditor-General inquiry after its legal advisor, Kirsten Murfitt (Principal at KM Law), uncovered another high-risk land transaction involving Tauranga City Council. The deal saw land at 57 Pitau Road, sold to a developer for $6.65 million, then bought back within seconds the same day for $13.59 million. No open tender. No clear explanation. Even more concerning, the land appears to have been subject to the Public Works Act, which legally requires it to be offered back to the original owner. That offer-back isn't recorded on the title, and Council's justification relies on a vague reference to a 'successor.' 'This isn't just about one deal,' says Erika Harvey, Director of Public Affairs at Lobby for Good. 'It's about a pattern, deals that quietly transfer public value to private hands, often without oversight or genuine public input.' Harvey says that in investigating other developments across Tauranga, Lobby for Good and her legal advisor Kirsten Murfitt have already encountered legal threats aimed at stifling scrutiny and public questioning. 'These legal threats didn't arise from the Pitau Road development, but based on the behaviour we've seen elsewhere, we are concerned that the same approach could be used to silence public concern here too,' Harvey says. Lobby for Good, in partnership with its external legal advisors at KM Law, have now documented at least seven concerning property or governance decisions made under Tauranga's unelected commissioners, including the undervalued sale of the Marine Precinct, hidden influence over candidate selection, heavily redacted information requests, and clauses in elder housing contracts requiring Council to repurchase land before on-selling it. 'This is soft corruption,' Harvey says. 'Legal-looking deals that quietly shift public value into private hands. And now, instead of transparency, we are seeing patterns of legal intimidation being used to discourage public scrutiny.' Lobby for Good reports that residents from the Pitau Road community have contacted them, feeling helpless, angry, and voiceless. They're deeply concerned that this high-rise development will overshadow their homes, devalue their properties, destroy the neighbourhood's character, increase traffic and stormwater problems, and set a dangerous precedent for suburban intensification without proper consultation. Residents say they've been shut out of the process from day one, with decisions made behind closed doors under fast-track consenting rules that silenced the community's voice. 'We hear you,' says Harvey. 'This is your neighbourhood, your skyline, your home. You deserve to be heard.' Lobby for Good is calling on residents affected by the Pitau Road development to visit and register their interest to attend a community meeting about the Pitau development. If there is sufficient interest, Lobby for Good will support residents in bringing their voices into the mainstream, connecting them with wider networks, and working together to prevent this from happening to other everyday Kiwis in communities across New Zealand. 'In a healthy democracy, journalists and advocates shouldn't need legal defence just to ask questions,' says Harvey. 'That's why we're again calling on the Office of the Auditor-General and the Department of Internal Affairs to investigate the full scope of governance failures, and whether legal intimidation is being used to suppress public participation in Tauranga.' Lobby for Good is calling for: A public-facing, independent investigation into all land and asset sales approved under Tauranga's unelected commissioners. A formal inquiry by the Office of the Auditor-General into Council financial decisions, consultation failures, and conflicts of interest. An immediate review of the use of legal threats to suppress scrutiny of public decisions. 'If nothing improper occurred, there should be no need for threats, only answers,' says Harvey. 'And if this is happening in Tauranga, what else is happening behind closed doors across New Zealand?'
1News
27-06-2025
- Politics
- 1News
Gisborne council to investigate returning ancestral land to Ngāti Oneone
Seats were scarce at Gisborne's District Council's packed-out chambers on Thursday morning, as councillors voted to investigate the return of ancestral land to a local hapū. Members of Ngāti Oneone have inhabited Te Pā Eketū Shed, a warehouse-sized property on Gisborne's Hirini St, for almost two months as part of a protest movement they have called "a reclamation of whenua". Their original Te Poho-o-Rāwiri Marae and Pā once stood on the land, now owned by Eastland Port, before they were removed to develop the Gisborne Harbour under the Public Works Act, almost a century ago. Mayor Rehette Stoltz addressed the councillors and the crowd of hapū members and supporters, saying, "Ngāti Oneone are only asking for little bits of land back... which are not used. "But the real question and the real thank you... is how much they have given to our community." ADVERTISEMENT The council voted to approve the development of a "statement of intent," which would investigate the future of the council-owned land and vested land within Ngāti Oneone's rohe. Many in the public seats were visibly touched by the meeting's outcome. Stoltz acknowledged it would be "a clunky journey," with various legislation to work through and more meetings likely. "But I think I speak on behalf of this council when I say there is good intent from us to want to work with you." The council's decision was a response to Ngāti Oneone's online petition, which has called on the council, Trust Tairāwhiti and Eastland Port to return lands not used for core business. More than 2500 people had signed the petition as of this morning. Ngāti Oneone chairwoman Charlotte Gibson told the council, "In times of disaster, you trust us with your most prized possession, which is your people", noting Ngāti Oneone's support during Covid and severe weather events. ADVERTISEMENT "Homelessness is still happening on our side of town... We think we can do something about it. Please trust us... We're good at looking after people." Ngāti Oneone chairwoman Charlotte Gibson presenting to Gisborne District Council on Thursday morning. (Source: Local Democracy Reporting) Ngāti Oneone's protest movement began on May 5. It was 185 years to the day since Ngāti Oneone's tīpuna, Rawiri Te Eke Tu, signed "ae ra" on Te Tiriti o Waitangi, said Gibson. "In this day and age – it is 'ae ra' [meaning] – Get it, do it! Support Ngāti Oneone." Councillor Rawinia Parata said the council could not continue to ask things of Māori and give nothing back. "That's not what partnership is – [partnership] is walking hand and hand." Councillor Ani Pahuru-Huriwai thanked the hapū for its "graciousness in opening [its] doors" and meeting with the landowner groups under Trust Tairāwhiti, as well as councillors, and everyone who had been to the protest movement at Te Pā Eketū Shed. ADVERTISEMENT "A lot can be solved by having a cup of tea and a kōrero around a fire. We should have done this a long time ago." She noted other councils had taken action to support returning Māori land around the country. "This is not new, but it is a step in the right direction in terms of what Treaty partnership truly looks like and that we're not afraid to go there." Deputy Mayor Josh Wharehinga said the statement was consistent with previous council decisions, noting the decision in 2021 to support the return of land taken under the Public Works Act in Tokomaru Bay. Council chief executive Nedine Thatcher Swann said the statement of intent was a framework for how the council would proceed. "That will be in negotiation with Ngāti Oneone around what this will look like, and what their priority areas are. "We may be able to find some easy wins in this... we have 265 parcels of land. Some will be reserves, some will be public works. ADVERTISEMENT "[It's] going to be difficult to navigate, but I am sure we will work in a partnership way." In its petition, Ngāti Oneone described its tribal lands as "from Pouawa in the north of Gisborne to Te Toka a Taiau, Turanganui awa, including the lands known as Kaiti/Kai Iti/Puhi Kai Iti". Council landholdings within this area comprise 265 individual land parcels, including Titirangi Reserve and its surrounds, according to the meeting's report. "The number of parcels and variety of types of land and ways it was acquired and is held mean that there can be no 'one size fits all' process. "Even if parcels are grouped and prioritised, consideration of the request from Ngāti Oneone will be complex and will require significant time and resources." In the report, the council acknowledged that other iwi and hapū may also have interests in some of the lands and commits to engaging in a principled and inclusive manner, ensuring all rights and relationships to the whenua are considered. The report says the statement of intent will signal the council's intent to "explore the return or vesting of land to the rightful owner/s where there is no longer a genuine public need, or where ongoing stewardship and use would be more appropriately held by tangata whenua". ADVERTISEMENT Additionally, the council will engage in good faith with Ngāti Oneone and ensure "the process is transparent, timely, and upholds and enhances the dignity, integrity, and mana of those involved". The statement of intent will be presented to the council for adoption on August 14. LDR is local body journalism co-funded by RNZ and NZ On Air.
