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Recently the Thames Coromandel District Council (TCDC) went through a “Marina Precincts Options” exercise. Part of the multi-million dollar council expenditure that has developed around land tenure issues since the granting of consents to build a marina in 2006. The problem stems from mis-truths about land tenure given in the courtroom
The evidence endorsed by the TCDC at the New Zealand Environment Court was that the council purchased the land as a result of approaches by the owner in 1985.
The “owner” as per the evidence to the Court had passed away two decades earlier, and was represented by an “Estate Trust”. These were lawyers who would later represent the marina society.
However the evidence from the TCDC records was that it was the Council who approached the “Estate Trust” to purchase the land for use as overflow trailer boat parking and a public reserve.
It was not brought to be on-sold or on-leased which is what subsequently happened..
Two important documents, both Public Records, are “missing” from the Council files.
They are;
The TCDC legal and planning team at the Environment Court had no qualms about supporting wrong evidence on land tenure of local ratepayer land. The TCDC continue this no-qualms policy today.
The evidence endorsed by the TCDC at the New Zealand Environment Court was that the council purchased the land as a result of approaches by the owner in 1985.
The “owner” as per the evidence to the Court had passed away two decades earlier, and was represented by an “Estate Trust”. These were lawyers who would later represent the marina society.
However the evidence from the TCDC records was that it was the Council who approached the “Estate Trust” to purchase the land for use as overflow trailer boat parking and a public reserve.
It was not brought to be on-sold or on-leased which is what subsequently happened..
Two important documents, both Public Records, are “missing” from the Council files.
They are;
- From which TCDC funds (i.e. Reserve Budget, Roading Budget etc) did TCDC use to purchase the land in 1985.
- The Sales and Condition agreement. This agreement was negotiated and drawn up by legal teams from the Council and the “Estate Trust” .
The TCDC legal and planning team at the Environment Court had no qualms about supporting wrong evidence on land tenure of local ratepayer land. The TCDC continue this no-qualms policy today.
