Claim councillors 'kept in dark' over cycleway

Otago Daily Times

5 days ago

Councillors were left "completely in the dark" about a legal risk that triggered further consultation on a contentious central Dunedin cycleway, a committee member says.
All three members of the Dunedin City Council's hearings committee — which heard from submitters and voted through a proposal on the Albany St Connection project — say they were not informed of the legal rationale to re-consult on the project.
"I still don't know what it's about," Cr Mandy Mayhem said yesterday.
"Completely in the dark about why there was anything wrong with the first time round."
Deputy mayor Cherry Lucas said the hearings committee asked staff if all businesses and property owners affected by the project had been approached, and had been reassured they were.
Staff had even gone door-to-door.
"I'm not sure why this has taken so long."
The council announced last week it had reintroduced nine carparks to the project's design and public consultation would take place until August 7 regarding suggested parking restrictions.
The project aims to provide a safe walking and cycling connection between the shared Te Aka Ōtākou harbour path, Dunedin's tertiary area and the CBD.
Crs Mayhem and Lucas, along with chairman Cr Jim O'Malley, were members of the hearings committee who, in late 2023, voted 2-1 to proceed with a proposal for the project which would have removed 68 carparks in the area.
But a transport report, tabled ahead of an infrastructure services committee meeting in April last year, said some property owners and local businesses had raised concern about the consultation.
Initial legal advice was the consultation process was "potentially open to challenge" and re-consultation would be "prudent", the report said.
Cr O'Malley said he had not seen the legal opinion and did not know what it was based on, which was "exceptionally extraordinary".
He did not believe the consultation process was "flawed" and said there had not been any need for re-consultation.
"I believe that everybody was informed.
"It was publicly notified, we had hearings, there was a huge amount of support for what was there.
"What was not supported was the businesses that wanted those parks back.
"Lo and behold — now the parks are back."
Council transport group manager Jeanine Benson said the legal advice was given verbally to staff, who were advised the initial consultation process could expose the council to "a risk of judicial review in the High Court".
"This followed concerns raised by an Albany St property owner that they had not been properly consulted during initial consultation and that they were considering legal proceedings as a result.
"An assessment was made that re-consultation would be a better use of ratepayer funds than potentially significant litigation costs."
Offering a version of events that differed from the one provided by Cr O'Malley, Ms Benson said Dunedin Mayor Jules Radich and Cr O'Malley were both briefed on the legal advice by council chief executive Sandy Graham in the week before last April's committee meeting.
The procurement process was still on track to start this month and construction to begin in November, she said.
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