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Agreement between KO & RDC

Just in... you can download the agreement here... signed by Ruapehu District Council and Housing New Zealand Build Limited (KO subsidiary) on 4 April 2023



Wow, there are so many clauses that have already been broken.


Then Council have literally blocked themselves into a corner and cannot object to the project. How will they have a Special Meeting to decide the fate, when they are contractually not allowed???


20.1 -COUNCIL TO SUPPORT PROJECT

Subject to clause 3.7, provided and to the extent that HNZ Build is developing the Super Lot in accordance with this Agreement:

(a) Support: The Council will support the Project, but will not be required to file a submission in support, and allow HNZ Build to undertake the Project without undue interference, objection, opposition or restraint from theCouncil;

(b) Not to Object: The Council will not make or support any objection to or

submission opposing any application for a Resource Consent, building consent or other authorisation for or facilitating the Project; and


I have asked the following questions of Kāinga Ora as a followup:

There appears to be no signature by HOUSING NEW ZEALAND BUILD LIMITED on the agreement Access Licence (Preliminary and Infrastructure).

1./ Please provide an updated copy with all signatories.

2./ Please provide the Licence Commencement Date and the Licence Expiry Date

3./ Please advise and confirm that all Local Government Acts have been followed, such as but not limited to 3.1./ Section 76(3)(b) - Decision-making. Considering the record turnout to a public meeting and the high opposition of the projects location and consultation process, do KO & RDC believe they have made the right decision and if so why? 3.2/ Section 77(1)(a) & 78(1) of the LGA (give consideration to the views and preferences of persons likely to be affected), do RDC & KO confirm these have been followed, and if so how? 3.3./ See examples here - https://oag.parliament.nz/2005/copy_of_2... Section 140 & 141 of the LGA - Do RDC & KO confirm these have been followed and if so how? 3.4./ Section 80(1) inconsistent decisions - Does RDC & KO believe this provision has been adhered to, and if so why? 3.5./ Section 82, consultation - Council advise they are at the very beginning of consultation on this project and the land disposal; however they have not had any further contact with rate-payers or the community other than on 31st August 2023. Will council be consulting on the land disposal (which is not present in the LTP and was not disclosed to Audit NZ). Will this project and contract be put on hold until proper consultation has been sought to follow the LGA obligations? 3.6./ Section 82A Information requirements for consultation. Council has not provided adequate information for the public, all information of substance has had to be sought by OIA, taking months to receive. Does RDC & KO believe that section 82A have been followed, and if so why? 3.7./ Section 83AA(a) fair representation of the major matters - The adoption of the "Public and Affordable Housing Asset and Tenancy Management Strategy" and the LTP asking a single question on housing, was not adequate information, nor provided any details of the intentions or scale of the project. Does RDC & KO believe that section 83AAA have been followed, and if so why? 4./ Does KO & RDC believe there is any breach to the agreements you have provided, and if so which?

5./ Many of the design aspects of the Resource Consent submitted are non-compliant with RDC's district plan and policies, 7.1(d), 7.3(c) & 13.2(c) refer to non-compliance. Who signed off on the agreement to these non-compliant activities being planned in the resource consent?

6./ RE2.2.2 of the RESIDENTIAL ZONE - POLICY has not been followed, who signed off on the acceptance of this?

7./ Council has agreed (on 31st August) to hold a special meeting, to decide the fate of the project, due to 90-95% of those in attendance apposed to the project, please advise how 20.1 (COUNCIL TO SUPPORT PROJECT) and clause 21, provide for any comment from council or how it allows them to terminate this agreement. Does KO believe these sections were fair to gag the council from supporting its community?


Download the agreement to see it all yourself


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