I am currently working on a book that will be a guide to acquisitions under the Public Works Act from a lay-person’s point of view. Many of the following quotes will be incorporated into that book that will relay primarily my own experiences but also include comments from other affected property owners.
8/2/10 “It is noted that currently the Waitakere District Plan has a 2.88 metre designation along both sides of the corridor between Edmonton Rd and the motorway interchange. This will need to be uplifted and replaced to reflect the current concept design as it requires a wider designation up to 7 metres.” Hussam Abdul-Rassol, Manager : Transport Services WCC
8/2/10 “Public consultation will need to take various forms to ensure the public is fully informed of the Te Atatu Road corridor project. Due to the significant amount of land acquisition required, Council officers anticipate a lengthy consultation process.
Hussam Abdul-Rassol, WCC
30/9/10 WCC Council Meeting Clews/Neeson
“Agree that the Council’s preferred option for Te Atatu Road corridor improvements is as outlined in this report.”
20/9/11 “Auckland Council has authority to acquire land under the Act and to negotiate compensation for that land. It is responsible for ensuring that compensation is negotiated fairly in the interests of both ratepayers and affected landowners.”
AT pamphlet
20/9/11 “The test of value is the price that your land would fetch on the open market.” AT pamphlet
20/9/11 “The route along Te Atatu and Edmonton Roads experiences a high level of traffic on a daily basis, and the project’s benefits will improve traffic flow.”
Mohammed Alsakini, AT
20/9/11 “We have organised a Drop-in Day for property owners so the Auckland Transport project team can answer any questions.” Mohammed Alsakini, AT
20/9/11 “It is important for you to note that Auckland Transport will pay a fair market value for the land it acquires and will also reimburse your reasonable legal and valuation costs associated with the acquisition.” Mohammed Alsakini, AT
7/10/11 “Ms Hunter says it’s too early to say how much Auckland Transport is budgeting for land acquisition.” Western Leader
26/10/11 “A drop-in day was held on Saturday 1 October to commence consultation with key stakeholders. About 50 property owners attended the meeting.”
AT Business Report
27/10/11 “Formal negotiations, under the provisions of the Public Works Act 1981, are planned to commence in February 2012.” Michael Riley, AT
27/10/11 “The time taken for negotiation does largely depend on the property owner’s preparedness to negotiate in good faith.” Michael Riley, AT
3/11/11 Information Report to HMLB
4/11/11 Sharon Hunter said there would be little or no impact on residents like Osborne. Western Leader?
5/11/11 “What gives AT the right to take my land?
A designation is a provision in a district plan that allows a council to use land in future for a public work or project. It is a signal to landowners and prospective purchasers that the land will one day be needed for a road or similar public work.”
AT pamphlet
14/11/11 “I do not consider there is any reason why Auckland Transport would revisit the decision for construction of cycle lanes on both sides of Te Atatu Road.”
Darryl Griffin, Manager Democracy Services, AC
17/11/11 “We will provide you , and your tenants with at least 48 hours advance notice of a site visit.” Mohammed Alsakini, AT
17/11/11 “We expect that we will be able to present indicative design options for your property access by 16 December 2011.” Mohammed Alsakini, AT
17/11/11 “The accredited supplier will ensure that the compensation negotiated is “fair” both to you, the landowner, and the Crown.” Mohammed Alsakini, AT
21/11/11 “ACPL will engage with the landowners in informal negotiation prior to commence the formal process.” Mohammed Alsakini, AT
22/11/11 “The results of the consultation will be made available end of November as the close off of the submission period was end of 21 November 2011. The results will be summarised for external parties’ use, with individual feedback not supplied due to confidentiality requirements.” Mohammed Alsakini, AT
23/11/11 “A Public Open Day was held on Saturday 5 November. AT and NZTA jointly presented the latest design for Te Atatu Road and the motorway interchange. Approximately 185 visitors attended and feedback forms were made available to receive comments from the public on proposed designs or they could make submissions online until 17 November through the project webpage.”
AT Business Report
9/12/11 “I advise that the blue-shaded area represents the area of land that was originally designated in, I believe, 1986. The blue-shaded area is 2.88 metres deep. More recently in the course of the engineers’ developed design, at this position along Te Atatu Rd, additional land beyond the original designation is now needed.”
Michael Riley, AT
9/12/11 “It is not necessary to amend the District Plans because the excess land take can be acquired using the PublicWorks Act (PWA) process (through AC). No further designation process will be undertaken as part of this land acquisition exercise for this project.” Owena Schuster, AT
9/12/11 “Can you please endeavour to direct all your communications to me in future as your first point of contact as this will help in obtaining prompt responses to you.” Owena Schuster, AT
9/12/11 “Auckland Transport as an entity takes responsibility for the external communications of the organisation – any response you get is from the organisation, and does not reflect the personal views of any individual.” Owena Schuster, AT
13/12/11 “It is not necessary to amend the District Plans because the excess land take can be acquired using the Public Works Act (PWA) process (through AC), hence, no further designation process will be undertaken as part of this land acquisition exercise.” Mohammed Alsakini, AT
16/12/11 “TPOG is concerned that the budget of $4m allocated for property purchase may not be sufficient. As discussed, the if amount of money turns out to be inadequate, then that’s a problem for AT, not the property owners.”
Roger Wilson, AT
21/12/11 “As you have already been provided with a summary of the information contained in the body of these submissions your request for what is essentially the same information but in a different form is considered to be frivolous (section17(h))
Roger Wilson, AT
9/1/12 “It is not a statutory requirement that a Council entity must designate land it requires for public work.” Roger Blakeley, Chief Planner, AC
9/1/12 “In the current situation Auckland Transport has obviously identified it needs more land for the roading upgrades and has chosen to negotiate directly with affected land owners rather than amend existing designation.” Roger Blakeley, AC
9/1/12 “A budget line of $5,067,000 for “Te Atatu Rd corridor improvements” was contained in the transport component of the materials submitted by Auckland Transport to Auckland Council for the 2011-2012 Annual Plan.” Roger Wilson, AT
17/1/12 “It is an Auckland Transport decision whether they choose to use the designation process to acquire land for roading projects.” Roger Blakeley, AC
24/1/12 re Property Acquisition outside designation. “Auckland Transport is not required to notify Auckland Council of its intentions and has not done so.”
Darryl Griffin, AC
26/1/12 “ACPL’s intention is to negotiate with affected owners on a willing buyer willing seller basis and to compensate them, applying principles of the Public Works Act 1981.” Linda Holdaway, ACPL
3/2/12 “An offer to buy the property outright was declined by you.” (Bunkum!)
Linda Holdaway, ACPL
3/2/12 “With respect to the PWA our intention is to reach agreement in all cases, therefore it is our intention to act under S.17. This applies to all the owners.”
Linda Holdaway
13/2/12 “Auckland Transport Board meetings are not subject to LGOIMA. There is no statutory timeframe that requires Board agendas and papers to be available publicly before meetings.” Darryl Griffin, AC
15/2/12 re Complaints System “In my opinion transparency is not a major goal.”
Darryl Griffin, AC
19/2/12 “Raised your concerns at Auckland Transport board meeting. Was told Auckland Transport staff are consulting you and other residents.”
Mike Lee, AC Councillor Board member, AT Board
28/2/12 “Hi Gary – just a quick note to let you know that we are still working on the new garage/access for you.” Linda Holdaway, AT
23/3/12 “We can’t change the past so relitigating it is not going to assist with progressing your concerns.” Stephen Rainbow, AT
4/4/12 “I see no basis to take any further action.” David Warburton, CEO, AT
16/5/12 “You questioned and were reassured that the council would take care of all consents etc required for the garage.” Linda Holdaway, ACPL
5/7/12 “The term reasonable costs is included in the Public Works Act to stop the potential for rogue professionals increasing their fees beyond what is reasonable.”
Mark Hannan, AT
5/7/12 re front yards becoming less than 3 metres “Under the principle of existing use rights there will be no breach in this case even if the section becomes smaller than current regulations allow.” Mark Hannan, AT
6/7/12 “AT has no list of “rogue professionals” as such.”
Roger Wilson, AT
9/7/12 “Arguably choosing to proceed with a valuer who is charging substantially above the “normal” cost, would be a breach of this duty to mitigate loss and the additional costs incurred by the owner would not be recoverable.”
Simpson, Grierson for ACPL
11/7/12 “The government does provide a subsidy for the overall project based on broad criteria but it is not contingent on the inclusion or omission of a cycle lane.”
Alex Sie, Parliamentary Agent
2/8/12 “Please be assured that Auckland Transport endeavours to act in a fair and transparent manner in its interactions with the public and we can assure you that the owners will not be financially disadvantaged.” Len Brown
14/8/12 “As the legal test for existing use rights requires a factual analysis of the factors set out above, it is not possible or appropriate for Auckland Council to give an assurance that existing use rights would apply to all properties affected by any road widening works in Te Atatu. There is a statutory process under section 139A of the RMA whereby persons can seek an existing use certificate that confirms existing use rights.” Darryl Griffin, AC
28/9/12 “The writer endeavoured to arrange a property inspection in order to complete the valuation but the landowner withheld his consent to do so.” (Bunkum!)
Alan Roberts, Valuer, Roberts McKeown Ltd
9/10/12 “I have sent ACPL and (sic) amended report simply stating that — I was instructed to prepare a roadside valuation.” Alan Roberts, Valuer
10/10/12 “The decision to proceed with the project was originally taken by Waitakere Council through the Infrastructure and Works Committee in 3rd February 2010, and then by full Council in 29 Sept 2010.”
Doug Snell, Acting Manager Property, AT
10/10/12 “Since Te Atatu Rd represents an important link in the Auckland Regional Cycleway Network, the inclusion of a cycleway as part of this corridor improvement project is required.” Doug Snell, AT
10/10/12 “The Local Board has been consulted and kept updated throughout the whole public consultation and design process.” Doug Snell, AT
11/10/12 “I believe that best way forward is to put this matter behind us and carry on with your continued cooperation.” “It would be very helpful, going forward, if you could provide me with the name of your valuer and solicitor, for my records.”
Linda Holdaway, AT
19/10/12 “Thank you for your email of the 17th October with the offer of a suitable viewing time. Unfortunately, because your email was sent after the close of business on the 17th, I did not receive the email until there was insufficient time for the valuer to meet your proposed time.” Linda Holdaway, AT
25/10/12 “Apologies for the lack of contact! Earl Gordon has informed me that your complaint is due to be discussed at a Professional Practices Committee meeting tomorrow Friday. He should be in contact with you in due course thereafter.”
Deidre Moran, Membership Services Manager, Property Institute of NZ
2/11/12 “Please desist from advising property owners not to reach agreement with AT/ACPL.” (Bunkum!) Michael Riley, AT
2/11/12 “Please do not pass on any details of others’ negotiated agreements to other residents.” (We live in a Democracy!) Michael Riley, AT
13/11/12 “Upon completion of my investigation report, the file will be sent to the Valuer’s Registration Board.” John Reid, Valuer, Logan Stone Ltd
30/11/12 “I consider the staff have provided you with appropriate responses and will now treat the matter closed.” David Warburton, CEO, AT
21/12/12 In response to my request for answers to questions I put to the HMLB on 9 December re the Te Atatu Road widening project.
“Should you wish to proceed please arrange to either forward to us by cheque, or electronically transfer $1,900 to our account.” Roger Wilson, AT
22/12/12 “I have read Michael Riley’s letter of 2nd November 2012 carefully and in my view I do not believe it is threatening.” Lester Levy, Board Chairman, AT
22/12/12 “I would reflect that my experience is that differences of opinion are best resolved by measured and constructive dialogue (face to face).” (I made several offers to meet Lester Levy face to face to no avail.) Lester Levy, AT
22/2/13 “I am very pleased to advise that Jack Burton has been appointed to help Te Atatu residents affected by the Te Atatu Road widening project.”
Vanessa Neeson, Chair, HMLB
27/3/13 “We are being requested to serve a notice pursuant to Section 18 of the Public Works Act 1981 to formally invite you to sell the required land to Auckland Council.” Linda Holdaway, ACPL
28/3/13 “The local board have had information provided in relation to the project which has been adequate for our non-decision making role.” Vanessa Neeson, HMLB
5/4/13 “The request to ACPL to serve a notice subject to Section 18 was a corporate decision, not attributable to any individual Auckland Transport Manager.”
Owena Schuster, AT
7/4/13 “I understand that Linda Holdaway has indicated that Auckland Transport is considering serving Section 18 notices under the Public Works Act 1981.”
David Rankin, CEO, ACPL
10/4/13 “The evidence before the Board does not enable it to conclude that the Board should order a formal inquiry.”
Michelle Doyer, Registrar, Valuers Registration Board
18/4/13 “Your concerns about process to date and the possible use of a S18PWA 1981 Notice of Desire to Acquire should be directed to Council.”
Michael Appleyard, Private Secretary for Hon Maurice Williamson
9/5/13 “I would urge you to move forward constructively so that we can resolve matters without recourse to statutory procedures.”
Sir John Wells, Chairman ACPL Board
Abbreviations used:
WCC Waitakere City Council
AT Auckland Transport
AC Auckland Council
NZTA New Zealand Transport Authority
ACPL Auckland Council Property Limited
HMLB Henderson-Massey Local Board
I would welcome any comments on this site from others who have been affected by the Act.
Accountability in Auckland Council 