puff: puff 492 Wheeler's Corner

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Wheeler’s CornerÓ

Connecting Citizens Who Care

"Broadcast every Thursday at 11.45am on Access 999AM" Contact Peter at wheeler@inspire.net.nz

13 5th April 2007

This Week: Special Review of the PNCC method of preparing the sale of Reserve lands free of public participation and consultation:

This Wheeler’s Corner Special follows the council’s underhand saga of preparing to sell off more green space. It demonstrates the difficulty citizens have when councils are determined to undermine the consultation process. So far PN, citizens have had to go to court or to commissions over Elmira Avenue, Closure of Milson Line, Turitea Wind Farm, and Motorimu Wind Farm, under review for possible action are ‘Dittmer Drive’, River pollution and now high value city land in Fitzherbert Avenue. This is a longer than usual Wheeler’s Corner because I have included the speeches by the Greens and Maori Party with only small cuts.

Episode One: ‘In the beginning’

Started when PNCC CEO Paul Wylie placed an amendment bill into the system to alter the status of land at the corner of Park Road and Fitzherbert Avenue.
Only public notice given was a small ad in local paper. The local press picked it up and Councillors found out about the scope of it via the Awapuni Ward Committee.
Councillor’s then asked Paul Wylie to withdraw Bill, He stated incorrectly, that it can’t be withdrawn. Council votes by slight majority to allow it to continue.
Episode Two: Concerned Citizen Sends email.

Dear Steve –
‘We attended the Awapuni ward Committee meeting last night (27 March 07).
The PNCC Annual Plan was presented and the matter of the sale of the land on the corner of
Park Road and Fitzherbert Avenue was a special item on the agenda. The meeting was attended by over 40 members of the public who, when asked if they supported the sale of this land, all bar one voted to oppose the sale. There were speakers from several community groups present, such as the Tennis Club, Pentanque Club, Railway Land Action Group and Karate Club. Others spoke of the need to retain the land as open space for recreation. Councillor Pat Kelly said he had written to you and you had said you were not going to introduce the Bill, but we understand it is on the order paper. When the motion to rescind the sale of the former Manawatu Bowling Club land was put to the council meeting, councillors voted in favour, but were then told by staff the Empowering Bill could not be withdrawn. The matter was put to the vote again and by a narrow majority they decided to proceed with the Empowering Bill. The next morning we contacted the Office of the Clerk of the House and were told the Bill was not before the House and even if it was it could be withdrawn at any time. I pointed this misinformation out in public comment at a subsequent council committee meeting but they took no notice’. [signed] Marilyn and Bruce Bulloch

It was obvious that during this period the council legal team was too busy defending and losing the Elmira Avenue High Court Hearing to give correct advice.
Episode Three: Local MP replies [Steve Maharey]

Dear Marilyn -
Thank you for your email regarding the Palmerston North Reserves Empowering Amendment Bill. As local MP for Palmerston North from time to time I am instructed by the City Council to put legislation before the House on behalf of the city. I am informed that in the case of this bill a resolution of Council is that this legislation should go forward. My introduction of the bill in the House does not indicate my support or lack of support for the bill. I am simply carrying out this duty as the city's local MP. All discussion on the bill should therefore be directed to the Council. One of the vehicles for discussion will obviously be the Select Committee process, where all interested parties will be entitled to put their opinions in writing and/or verbally. I hope this makes my role clear and I wish you well for this debate. Regards Steve Maharey MP for Palmerston North.

Episode Four: Parliamentary Debate on the Empowering Amendment Bill

a. Labour Party: Steve Mahareys’ introduction speech only stated what is said above it was a’ neither -for-or-against speech but repeated the claim that he had to present it…that of course is debatable especially after its dubious birth was understood.

b. Maori Party:
Te Ururoa Flavell; Treaty Spokesperson for the Maori Party made the following address:

Mr. Speaker, the Maori Party has a reputation for testing every piece of legislation against our key criteria - including the historical context behind any particular item on the order paper. Our research tells us that this Bill has a long-established record in the Parliamentary Statutes, including reference in the New Zealand parliamentary debates volumes 196, 197, 198, 347 and 349.It is these records we turn to, to understand why the Palmerston North Reserves Empowering Act needed to be amended. The debates on the 3rd August 1922 were particularly illuminating. The Member for Palmerston North, Mr. J A Nash, introduced the Bill saying that he did not think it would be necessary for him to say much in the way of explaining; a remark which was then responded to by Mr. McLeod [Member for Wairarapa]. And I quote ’The difficulty was that precedents were sometimes created by Local Bills which, afterwards it was found very difficult to get away from in other Local Bills’.

Now why would I find those remarks made 85 years ago, so interesting? Well, when the Maori Party contacted a number of key Rangitane representatives and spokespeople in Relation to this Bill Mr. Speaker, not one of them had heard anything about it. Not one! Indeed, no consultation seems to have taken place. And it would be fair to say that the sale of land - any land - is an issue that actually inspires a considerable amount of interest. One would think this House would be aware of this simple fact.

Mr. Speaker, the selling of council land concerns not just Rangitane, but it is a public issue also for the people of Palmerston North. And so the Maori Party comes to this Bill also wondering exactly what process of public consultation there has been for the sale? The description of the Bill seems simple enough - that the City Council holds certain land under the Palmerston North Reserves Act 1922, which prevents the Council from selling land.

And the apparent 'problem' that this Bill seeks to address, is that the Council wants to be able to sell the land if it becomes surplus to the Council requirements. Now, what would have been so wrong with taking a little bit of time out to talk first? See the thing is, it is not as if Rangitane is not consulted on other matters. We were told that the Council, to do with things such as carparks and culverts consults Rangitane on a large number of issues, but when it came to this substantive issue of land - there has been absolutely none. Mr. Speaker, section 4 of Local Government Act 2002 places a very clear requirement for consultation with mana whenua. And I quote "In order to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi. And to maintain and improve opportunities for Maori to contribute to local government decision-making processes", Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Maori in local authority decision-making processes." It is about understanding the matters of importance to iwi within the context of Te Tiriti o Waitangi. Although our discussions with Rangitane representatives have been relatively rushed, we have still managed to uncover some information that seems critical to this Bill for the Council to divest itself of an inter-city property.

During the process of our consultation about this Bill; we were told by iwi members that they remembered their grandparents saying that the land between the Manawatu River and Fergusson Street, of which the land in question is a part of, had never been legitimately acquired from Rangitane. The plot thickens when we learnt that any records to prove this have long been since destroyed by fire. And then the warning bells rang out as we thought back to another local members bill, the Manfeild Park Bill, referred to by Mr. Power - whenua Maori which had also suffered the curious fate of having its archival records destroyed by a Parliamentary fire. Mr. Speaker, we in the Maori Party will be voting against this Bill. We simply cannot vote in favour of a Bill which, seems to have had no consultation with the people whom will be affected. We bring the concerns of Rangitane to this House - along with their interest in how the Council acquired the land in the first place. And suggest this is an opportune time for the Local Member and the City Council to meet with Rangitane - and our Member for Te Tai Hauauru, Tariana Turia, is happy to be part of those discussions.

Rangitane are adamantly opposed to the selling of any Rangitane land or possible Rangitane land believing as we do, that public land should not be able to be sold off without consultation with, and the consent of, the mana whenua. I conclude by sharing a case study of a recent situation in Palmerston North, which Rangitane have cited amongst the poorer examples of consultation with mana whenua. Mr. Speaker, an Australian company in partnership with the Palmerston North City Council has established a project to erect wind turbines on the local sites, but with no consultation with Rangitane. The turbines are to be established on the Kaihinu range, ironically, named after a tupuna of Rangitane. Just last week a Commission of Inquiry was convened, between the Palmerston North City Council and the Australian Company on one side and a number of community groups and private landowners and whanau on the other - those who dwell at the bottom of the Tararua ranges. It was not opposition to the development of energy alternatives that resulted in the inquiry. The key objection was in light of the fact that that some of the wind turbines are starting to be sited on private properties, there needs to be consultation.

Rangitane want to be consulted with; not shut out of the process. The Maori Party would simply ask, what is wrong with that? The Maori Party would ask that the Local Member to remember and consider the special obligations local authorities have to consult with tangata whenua about this proposal. Consultation is not to occur simply as an end in itself, but more as a way of taking into account the relevant Treaty principles. In determining what the basis is for such consultation, one cannot go wrong with recalling the principle of partnership in achieving sustainable management. Consultation also assists local authorities in understanding how to give effect to the Treaty principle of active protection of the Maori people in the use of their lands and waters. But unfortunately, what we have seen of the Government over this last 18 months has proven that they have lost any capacity to be able to demonstrate the ethic of stewardship, the exercise of guardianship or the recognition of mana whenua status. The Labour MP’s, including their Maori Members, have willingly, chosen to vote to delete Treaty Principles; did not raise a murmur about intentions to delete the Treaty from the school curriculum; and have diluted Treaty references in health specifications. So what gives us any confidence that the situation can be any different in the case of the Palmerston North Reserves Empowering Bill? I have edited the speech simply because of space, but I should point out it was presented in powerful and sincere manner.

b. The Green Party:

Metiria Turei, Green Party Spokesperson on Local Government

Parliament, 28th March 2007

Mr. Speaker, The Green Party will not be supporting this bill. We do not believe it should be called the Palmerston North Reserves Empowering Amendment Bill. It should be called the "Hock off Green Space in Palmerston North Bill". I was born and raised in Palmerston North. I have lived more than half of my life in that city, and it is where all my family are. I feel very strongly about the issues around selling off green space in this city. The whole attitude comes from a hangover from the previous mayor and from the previous CEO, who has only just left the council. The previous mayor used to call open green space "lazy assets". That is what he considered it to be—lazy assets. That attitude resulted in two things. Firstly, he lost his job. Secondly before he managed to lose his job a major area of railway land [a huge green space in the middle of the city] was sold off to the Warehouse. Which, subsequently opened a huge megastore in the middle of this green-space area and turned half of it into a car park. The current council, which consists of largely the same membership as the previous council, has continued this anti - green space attitude. The council has already decided to sell off another piece of land. In Kelvin Grove, that was set aside as a future recreational area, in a part of the city that is undergoing massive and rapid urban development, where green space is absolutely crucial to the standard of living expected by people who live in that area, and to their well-being.
The council is now proposing to enable itself to sell off a section of land that is currently a reserve, which was formerly used as a bowling club. We have heard about the tennis club, which also gets used for Pentanque and a whole range of other activities. It also has the capacity to be used for all sorts of other kinds of recreational activities in the future. But the council has not bothered to seek proposals publicly for ways that that land can be used as green space and as recreational space for the people of Palmerston North.
A local developer, apparently, has already expressed interest in building—would you believe it—another motel on that exact piece of land. Anyone who knows Fitzherbert Avenue knows that we do not need another motel there. The council has already gone through and turned the whole area into nothing but a site for motels and petrol stations. The council chopped down hundreds of decades-old trees, which made that area so beautiful, so that it would be easier for traffic and the developers to get in and out of the area. Now it wants to take another little piece of what is left of the recreational area for the people who live in that part of the city.
The council says that it will use this money to fund development of the esplanade—we have heard a bit about that, too—which is a major recreational area for Palmerston North. But last year, when the council was consulting on the long-term council community plan, the largest number of submissions it received were opposed to the changes that the council proposed for the esplanade. The people do not want those changes, and now the council is saying it wants to sell off this green space to pay for those changes that people do not want.
It is true that the council has backed off from some of its worst "hack through native bush and put up a car-park" ideas, but it has failed to go back to the community and consult further on a revised plan. The people of Palmerston North do not know what this money will be used for. They do not know whether they will be swapping a piece of recreational area for a good development that will enhance the city, or for some other kind of development that they do not support. So we cannot say that the community has had any real involvement in this discussion, except to say that the community opposes it.
Why is the council seeking to sell off this recreational land? The council says it needs to sell off this land because it wants the proceeds of sale to go towards the development of other reserves, whether it is the esplanade or elsewhere. Sometimes the council talks about other reserves as well. But, frankly, that is a failed argument from the start. We do not sell off roads to pay for the maintenance and building of other roads. We do not sell off water pipes to pay for the maintenance and construction of other water pipes. So why would we sell off reserve land, which is green space and publicly accessible now, only to go and get some more reserve space? We should be encouraging and increasing our reserve land. It is critical to the well being of communities that live in highly urbanised areas that they have access to green space for recreation and a good state of mind.

I understand that last night a public meeting was held in Palmerston North and there was almost unanimous opposition to the council’s plan to be able to sell this land. Finally, the council was told recently, as part of the discussion around this bill, that if the bill was brought to the House it could not be withdrawn. Partly on that basis the council considered it to be a fait accompli that this bill would go through, so it voted narrowly in support of selling off the land. That is false information. The Minister can withdraw this bill. He did not have to bring it to the House. He has a general duty to do so—I understand that—but he can withdraw the bill. I urge this House to oppose this legislation. The council should not have this power. If this House does not do so, I urge the Minister to withdraw this bill and not allow it to proceed to the select committee.
I am on the select committee that could eventually hear this bill, and if it does come to us I will be very interested to hear from the council about its proposed ideas and what kind of consultation it has and has not had with the local community. From my understanding, this community does not support the sell-off of this land. It is the community’s recreational public space and it is entitled to it. Community members have, for decades, been paying for it through their rates and they should be entitled to keep it. The council should not be able to sell it.

c. Simon Power spoke for The National Party. He supported the Labour Party and gave a sitting on the fence speech. He did state that he had contacted a council officer who informed him that consultation had taken place.

d. New Zealand First supported the Labour and National party.

Breaking News….

An email made public by Wheeler’s Corner last year has hit the headlines because a councillor [Gordon Cruden] has and is being brought to account. Some citizens around town will feel a new sense of freedom over this challenge to Cruden’s behaviour…see Manawatu Standard page three, Tuesday the 3rd of April 2007.

Council Staff have planned a Mayoral Forum on the land sale for 12.30 to 1.30pm on Tuesday the 10th of July 2007 [The day after Easter Monday] when a huge number of interested citizens will still be away on their Easter break. This is typical behaviour of those in control…My God says is this the best they can do? and adds 'whoever suggested this meeting time must have been smacked as a child and is getting his or her own back... I agree!

Have a safe and pleasant Easter.

Peter J Wheeler

Wheeler@inspire.net.nz

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