Napier Council & Kainga Ora - similar case

Similar case to ours; Council pulled out and paid $7,000 as a modest contribution to the Associations legal costs after a Judicial Review was pending a court hearing. I spoke with the Napier Association member Sandi Boyden for a good 25 minutes which was very helpful and it became evident the case is 100% the same as ours.

• Similar mix of housing 1/3 Social, 1/3 Affordable, 1/3 Open Market (Ours being labeled Long term Worker Accomodation)

• Without public consultation or engagement

• Without proper consideration of the council’s significance and engagement policy

• Decision to exclude the public from the meetings was not necessary for the council to carry out its duties without prejudice

• In discussing the matter behind closed doors the council had “failed or refused to have regard to the principles of availability” under the Local Government (Official Information and Meetings) Act

• Council had breached the Local Government 2002 Act by failing to act in an open, transparent and democratically accountable manner

• Council didn’t reach any financial settlement but did make “a modest contribution of $7,000 to the Association’s legal costs

See article below.:

29 September 2022  - Lack of engagement over new social housing project angers Napier residents | Stuff.co.nz

19 December 2022 - Residents take council to High Court over proposed Kāinga Ora development | Stuff.co.nz

14 September 2023 - Council pulls out of land sale to Kāinga Ora as residents' court action looms