Wednesday, December 2, 2009

Disharmony in the city.

Events relating to the proposed music school are heating up. First there was the announcement by the applicants that they were delaying the resource consent until February out of concern for the opposition, to give them adequate time to prepare their case. Not very convincing, considering that the filing of the resource consent application had been timed to maximise inconvenience to opponents. Submissions would have fallen due while the Council consultation hearing was still taking place, if they hadn't, in their haste, overlooked the fact that they were lodging the application in the name of a Joint Venture which did not at that stage legally exist. As a consequence it had to be resubmitted. Aside from the pressure placed upon opponents by this untimely application, the very fact that it was lodged well in advance of the Council's final decision on funding suggests that the applicants knew something that submitters opposed to the proposal did not know.

Just incidentally, it was stated that the applicants were using the delay to deal with some of the issues raised by opponents in regard to the design. The new-found concern for the opposition was quickly revealed as nothing more than spin because word soon got about that the Council's own heritage consultant had been less than impressed with the building. As a face saving tactic it might almost have worked except that there is clearly more than one leaky institution in this city.


The Council became distinctly tetchy over inquiries into the Vines report. Depending on which Council officer was spoken to, the report was described as incomplete, a draft only, or containing misleading information. Queries as to whether it had been passed to the applicants were vigorously denied, but I doubt that many observers believed this. Claims under the Offical Information Act have so far failed to extract a copy of the report.


However, if word of the Vines report caused a stir, it paled into insignificance compared with the reaction to the announcement on Saturday that SOAC has filed for an interim injunction to delay the resource consent hearings until the issue of the correct interpretation of the Trust deed could be decided by the High Court. At first the University tried to pass it off as a publicity stunt ( an expensive one, it would have to be said, if it involves lawyers fees!) However, once the documents were received cries of publicity stunt were quickly replaced by yells of foul play. The Arts Centre spoke darkly of betrayal and an attempt by SOAC to prevent all but a select few from having a say on the building.


We are asked to believe that a legitimate legal process intended to clarify for once and for all the true extent of the Board's powers is in some way an abuse of process. It is not this action which is denying others their right to be heard. The reality is that the groundswell of people opposed to the developments are the ones who have been denied a real right to be heard. A resource consent hearing is no substitute for a public consultation around the long term plans and policy directions for the Arts Centre. From the outset, opponents of the scheme have argued that a full and wide-ranging public discussion about the future of the arts centre should take place before any sort of development is approved. Our requests have been thwarted at every turn. The consultation was limited to the issue of finance, because, we were told, other issues would be dealt with in the resource consent process. That is simply not true. Resource consent hearings are defined by the nature of the applicants proposal and are restricted to a limited range of issues around the city plan.


What are the documents which have led to accusations of betrayal. It appears from the Press that they include minutes and financial details. Let us not forget we are dealing here with a charitable trust which administers the buildings for the people of Christchurch and New Zealand. You would expect many financial details to be open to public scrutiny in the annual reports of the Board. It is also difficult to see why the minutes of a charity administered in the public interest should be confidential. After all, they are highly unlikely to contain the sort of information which has a legitimate claim to confidentiality such as the lease agreements between the Arts Centre and any tenants. The role of the Board is in formulating policy and this should be open to public scrutiny.


The reaction of the Board suggests that they do indeed have something to hide. Rumours of bullying and muzzling Board members who disagree with the views of the inner cabal suggest that this is a Board which has problems. There is also a strong suggestion that huge sums of money have been squandered on various development projects that have never come to fruition (and probably should never have been contemplated). Rumour also surrounds the chairman of the board, John Simpson, whom it appears may have undeclared conflicts of interest on account of a continuing role on a subcommittee of the University Council.


The further unfolding of this saga will be awaited with interest.

4 comments:

Anonymous said...

As the attorney general has now declared that the Arts Centre board did NOT act outside its powers the publicity stunt of the SOAC will hopefully come to an end and the vicious campaign against the National Conservatorium will have lost momentum.Good so.

Heritage Alert Christchurch said...

Anonymous persists in describing the campaign of SOAC as vicious and a publicity stunt. He/she is on very shaky ground. Justice Fogarty accepted that SOAC is a public interest group. The proper place to determine the powers of the Trust Board under the deed is the High Court. The opinion of the Attorney General is simply that, an opinion, and one which is open to serious challenge. Hence we are continuing to pursue the matter, as we are entitled to do. It should also be remembered that the Attorney General noted he was still investigating complaints of improper behaviour by the Trust Board.

Anonymous said...

I wish good luck pursuing this case against the recommedation of the attorney general.You are indeed free to contest anybody's opinion,but it was the SOAC who asked the attorney general for its opinion.But as you have "fresh evidence" I am sure the outcome will be positive.

Anonymous said...

I would like to know how to get hold of the trust deed, and I would like to know how to see the original piece of paper that outlined exactly who the land was gifted to. It is not available through any of the departments I have tried. Please tell me how to get hold of it. I understand that it is possible that once somebody does get hold of it, they are not allowed to distribute it or let anybody else see it unless they apply to get it themselves. That's fine. Just tell us how to get it ourselves. Thanks.