Official Information Request - 25 May 2018

Sent: Friday, 22 June 2018 1:59 p.m.

Subject: TRIM: LGOIMA request - legal action over Ngati Whakaue land in CBD

I refer to your email of 25 May 2018 requesting various information over the legal action undertaken over rates charged on the Ngati Whakaue land in the CBD, and reply to your questions below:

1. How much has been spent by Council on legal fees on this matter to date?$79,958
2. It has been reported that Council will have to reimburse $150,000 to lease holders in rates since 2015. Is that figure correct?No determination has been made to the level of discount to be applied to the rateable values.
3. Can I please have documentary evidence of who actually authorised expenditure on taking legal action? Full Council or Chief Executive?The decision to pursue legal action was undertaken by the Chief Financial Officer under sub-delegation from the Chief Executive, as per the CE Delegations Manual (sub-delegations to council officers) - Schedule 1:SCHEDULE 1 - CONDITIONS, LIMITATIONS AND RESTRICTIONS ON SUB-DELEGATIONSLegal proceedings10. Subject to restrictions, conditions and exclusions set out below, "Legal proceedings" sub-delegations confer the power on the sub-delegate to:(a) bring or defend legal proceedings on behalf of Council;(b) determine and direct Council involvement in the proceedings, so long as the proceedings fall directly within the ambit of that sub-delegate's area of responsibility (as defined in the officer's job description); and(c) take available enforcement action, where the matter has been resolved in Council's favour.
4. Who provided legal advice to Council concerning statutory prohibitions and what was that advice?Legal advice up to the High Court was provided by Phillip Corneg and Lachlan Muldowney. Legal advice for the appeal was provided by Crown Law through the Valuer General. The advice is withheld under section 7(2)(g) of the Local Government Official Information and Meetings Act 'maintain legal professional privilege'.
5. What is the 'greater discount' likely to be based on such discounts given elsewhere?Council cannot comment on statements made by other parties through the media.
6. Is it the case that Council will have to cover these costs?Council has reimbursed Ngati Whakaue Education Endowment Trust $24,791.
7. Assuming the Valuer General will cover the cost of taking the matter to the Court of Appeal, what is the maximum exposure that Council has to legal costs?Council is being reimbursed $74,724 by the Valuer General. Maximum exposure is unknown at this stage as the matter is not closed.

As per the Act, we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to:

The Office of the Ombudsman

PO Box 10 152

WELLINGTON 6143

Alternatively, you may email info@ombudsman.parliament.nz or use the online complaints form available at www.ombudsman.parliament.nz/make-a-complaint.

Regards