2 June 2022
Media: NZME (Rotorua Daily Post and BOP Times)
Topic: Storm follow-up
Enquiry
Reporter had a follow on question from yesterday’s media enquiry regarding trees along the Ngongotahā stream edge.
Response
Reporter was advised that people need to contact Council to report concerns about trees relating to safety of people or property so we can go out and inspect. If there are concerns relating to a potential impact on a waterway we would suggest they contact Bay of Plenty Regional Council to assess the situation and work together with Rotorua Lakes Council if/as needed.
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Media: NZME (Rotorua Daily Post and BOP Times)
Topic: Preparations for return of overseas tourists
Enquiry
I'm writing a story about what whether we are ready for visitors in the Bay and wanted to ask for council comment please. I have contacted the chamber and RED as well.
- How well placed is Rotorua for receiving international visitors?
- What work has the council done to prepare for visitors?
- What else needs to be done or is being done?
- What has happened to the I-site in town and what is the plan?
May I also ask Mayor Chadwick, based on previously reported views on how the emergency housing situation has damaged the city's reputation, whether she feels the same way now?
Will it impact on visitor experience?
RED (becoming RotoruaNZ) was also contacted and was asked the following:
I'm writing a story about visitor preparedness in the Bay and had some questions I was hoping you could help me with please?
I have gone to the chamber as well.
- When are we expected to start seeing higher volumes of visitors?
- Is Rotorua ready for this? Why? Why not?
- What kinds of things have businesses done to prepare?
- What kinds of challenges are they facing?
- Will visitors be getting the same sort of experience now than they did pre-COVID? (Why, why not, what does this mean? Is it good, or bad?)
- What kinds of changes?
Response
From Mayor Chadwick:
What I’m actually seeing and hearing from the likes of tourism operators and hotel managers is a real sense of positivity. There are already some international visitors filtering through and everyone is looking forward to those numbers increasing. The conference market is ramping up again too and a number of operators have added new experiences that I’m sure both domestic and international visitors will enjoy, alongside upgraded assets like the lakefront and our forest hubs. Like other destinations around the country and overseas, we still have our challenges and we are working hard to address these but I’m confident Rotorua will do what it does best and ensure our visitors have a great experience.
Reporter was also advised to contact RotoruaNZ as our destination marketing and economic development CCO, for the i-SITE query, as well as The Chamber of Commerce for queries relating to how businesses/operators are preparing for the return of international visitors.
RED (becoming RotoruaNZ) CE Andrew Wilson provided the following comment:
“We’ll likely see an increase in visitors during Spring as airlines take the time to increase their capacity and connectivity in terms of the places we are connected to.
As a destination we will absolutely be ready to welcome back visitors. Over the past two years businesses have spent a lot of time and resources developing their offerings and creating new products so that visitors have a deeper experience. Skyline’s new luge tracks that were launched last week, and the recent opening of Rotorua Ziplines at Okere Falls, highlights both investment and new product which are great examples of development that will enhance our region as a destination.
There has also been a strong shift toward creating a more meaningful and authentic experience that works both ways where the visitor invests their time, and in return they receive a memorable experience. Because of this we are expecting more long haul visitors staying longer in search of richer and deeper experiences where they can connect with local culture.
Some tourism businesses have worked hard to adopt and embrace Māori cultural elements by engaging local Māori cultural advisors to ensure the mana and integrity of their work is enhanced.
In terms of challenges, like most sectors many operators are still struggling to find skilled staff.”
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Media: Rotorua Daily Post
Topic: Property owner seeking Code Compliance Certificate
Enquiry
I've been to see Jenny Zhong and will be doing a story on her fight to get a Code Compliance Certificate for her home at 43 Carroll Pl in Rotorua.
I have a series of questions relating to her home and the Eastlake subdivision which I will outline below. I will also outline below some of the things Zhong and a legal expert is saying for a right of reply.
I understand this is a complex case and therefore I ask for a response by close of business Wednesday next week, June 1.
Background:
Jenny Zhong bought a section at Eastlake subdivision in November 2012 and was issued a building consent in January 2013. Building began shortly after and she was given the key by her builder, Graham Griffin from GJ Gardner Homes on May 30, 2013.
She was told she would get a Code Compliance Certificate within a few days.
The council wrote to Zhong's builder on August 21, 2013 and said it refused a Code Compliance Certificate because it had become aware of the potential presence of certain subsoil categories that might mean that compliance with Building Code clause B1 structure and B2 durability may not have been met.
The council then set about doing six tests of the soil on Zhong's property and others in the subdivision over a period of four years, 2013-2017.
During those tests it was found 43 Carroll Pl had already experienced differential settlement in one area of up to 34mm. A building is expected to have settled 25mm over its lifetime, therefore this was a concern.
The council decided against issuing a Code Compliance Certificate in June 2018. However, this important information wasn't passed on to Zhong until September 2019 by both Griffin and the council.
Since 2019, she has fought for her Code Compliance Certificate, has sent several emails, has had several meetings with the council and has done all she can to get council traction in this long-running matter. It has already cost her thousands in time, not to mention the very real mental and emotional toll on her.
Questions:
1. Why can't Zhong's property be given a Code Compliance Certificate?
2. Why was a building consent issued if there were problems with the ground?
3. After nearly 10 years, Zhong's home doesn't have any physical issues, such as cracks or signs of sinking. Will you pay for the land to be retested?
4. If there are subsidence issues, will the council fix the land beneath her home to make it right?
5. Why should Zhong as a single woman have to fight for Code Compliance Certificate, with the attendant mental and emotional cost, when she was given a building consent for the land?
6. Are there any other homes in the Eastlake subdivision that do not have a code of compliance?
7. Why were other homes given Code Compliance Certificates and her home wasn't?
8. What has been the council's history involving the land at Eastlake subdivision? Please detail what tests have been carried out and what was found. When did the council first become aware there was an issue?
9. Why did the council buy a property in the Eastlake subdivision (30 Kipling Cres)? There were subsidence issues with this property far greater than Zhong's property, yet this property has a Code Compliance Certificate. What did the council pay for the home, how long did the council own it and how much did it sell it for?
10. Zhong said she waited patiently between 2013 and 2017 while the council did tests of the land. At the meetings at the council, Zhong said she was told by council employee Keith Lloyd "not to worry" and was told if the foundations were found to be unstable, the council would fix it. She said he said they would do that by lifting the carpet and drilling through the concrete foundation and building a bank/drain next to the right-side fence to reinforce everything. Why did this not happen?
11. At the time, the last Zhong heard from the council was in April 2017 in a letter from Keith Lloyd saying the testing was being finalised. The council apparently made its decision in June 2018 but this information wasn't passed on to Zhong. She didn't find out until September 2019 – nearly two years later. During that time her builder had retired and sold his business and and Lloyd had also retired from the council. Do you think this is good enough?
12. Zhong built her home in 2013 not long after the council settled a long-running court dispute with owners of homes in Ngongotahā's Oakland subdivision. How did that case impact the council's decision not to allow a Code Compliance Certificate to be given to Zhong's home? Was the council nervous to give a Code Compliance Certificate given the Ngongotahā court action and therefore is Zhong a victim of bad timing?
13. Zhong has detailed the mental stress this has caused her, especially since 2019 when she got told by the council it would not give her a Code Compliance Certificate. She said she cries all the time, has lost weight, has suffered sleepless nights and struggles to breathe sometimes. She is from China and English is her second language and she said she had struggled to get answers or help in a timely fashion. This whole saga has taken nearly 10 years and she still doesn't have a Code Compliance Certificate. She said there were always delays and then "no". She said she was always being sent between the council and the builder who were blaming each other for her situation and neither were prepared to take ownership. What do you say in response? Has the council done the right thing by Zhong as a resident and a ratepayer?
14. Zhong said she trusted the council and a big building company would be professional and responsible to help find a solution. She said: "I have tried so hard but have failed. It is so difficult for me and it has caused me so much pain and a lot of stress. I love my new home and there is no damage inside or outside. After all these years, there's still no problem with the house. I can't understand why the council hasn't issued me with a Code Compliance Certificate for my property. I feel so disappointed with the council." What do you say in response?
15. Senior property lawyer Mark Copeland from Rotorua said based on what he had been told about this situation, it was "disgraceful" the council had not issued Zhong a Code Compliance Certificate nearly 10 years after her home was consented. He has said the following: "What has the council proactively done in this time to work with Ms Zhong, as an innocent party and a council rates payer, to ensure she gets a Code Compliance Certificate for her home which the council itself consented? It appears that council has washed its hands of a problem which it itself has created, and expects Ms Zhong to fix this problem herself, meanwhile enduring the awful emotional toll this must be causing her." What do you say in response to Copeland's statement?
16. Zhong said all she wants is a Code Compliance Certificate. Will the council do anything to help her right now?
Follow up question:
Can you please go back to Jason to explain in a bit more detail why a breach of the Building Code, which was out of Jenny's hands, was stopping the council in good faith in finding a solution?
Response
From Manager Planning and Development Solutions Jason Ward:
We acknowledge this has been a stressful situation for Ms Zhong, however Council cannot legally issue a Code Compliance Certificate for this property due to a breach of the Building Code.
The option to seek a determination from MBIE that could potentially override Council’s decision was discussed several times with Ms Zhong’s building company, which acted on her behalf in relation to both the building consent and Code Compliance Certificate applications. This avenue remains open to her. We would be happy to discuss this with her directly and will make contact with her to arrange this.
Another agent acting on her behalf contacted Council twice 12 to 18 months ago indicating he had questions on her behalf and agreeing to email these but no email was subsequently received.
Council always attempts to reach solutions that are in the best interests of the parties concerned but also has to balance its legal obligations as regulator and situations like this are never easy or simple for anyone involved.
As it is required to do, Council deals with applications for Building Consent and Code Compliance Certificates on a case by case basis, according to the regulations it is legally required to follow, based on information known and provided at the time of an application.
According to our records, all other properties in Eastlake have a Code Compliance Certificate. Council became aware of potential issues with settlement in some parts of the subdivision following investigation of a site there by consultants. Council received a copy of the report relating to this, dated 2 July 2013. Council engaged with affected property owners in the subdivision and conducted ongoing testing and monitoring until 2017.
The situation at Eastlake is separate to Oakland.
Kelly re purchase of 30 Kipling (this isn’t Jason’s area so this is being provided to you as information rather than being attributable to him): The purchase of 30 Kipling Cres in September 2015 was approved by a vote of Council, as per council policy, for reasons related to the particular circumstances of the then owners. Purchase price was $429,000 and Council sold it in April 2018 for $510,000.
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Media: Rotorua Daily Post
Topic: Queen's jubilee
Enquiry
I'm working on a story about the Queen's platinum jubilee and was wondering if RLC was holding any events or doing anything to mark this? Will there be flags hung up anywhere in town?
Response
Reporter was informed there was nothing planned at this stage but we would let her know if that changed.
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Media: Radio One (Dunedin)
Topic: RLC representation Local Bill
Initial enquiry
I'm a news reporter at Radio One Te Reo Irirangi Kotahi in Dunedin, and I was hoping I could land an interview or possibly get a response from a council representative about the Māori wards bill status.
I'm working on a feature about the broader picture of Māori representation in local government, and given that the Māori wards bill is a current issue its pertinent to get a Rotorua council representative to speak on the matter.
The interview would take place on Zoom. My deadline is Friday the 3rd of June, so if a council representative is available sometime before then I would enjoy speaking to them about this bill and the wider issue of Māori representation in local government. Let me know if this is possible at your earliest convenience.
The following questions were provided after we sought clarification about whether he wanted to discuss the Local Bill specifically or Maori representation more broadly:
Apologies, I should've included these questions in my first email. I'll mostly be asking the council representative about the Māori Wards bill. These are the questions i'll be asking the representative:
- The Māori Wards bill currently stands dead in the water, is there any progress on reviving it?
- How has Attorney General David Parker's declaration that the bill violates the Bill of Rights Act affected the political viability of the bill?
- Labour have said they won't support the bill in its current form. What changes to the bill has the council considered enacting to regain Labour's support?
- How much input have mana whenua or local iwi had in the decision making process of this bill?
- If the bill fails, how else will the council implement mana whenua representation on council?
- Do you anticipate that implementing mana whenua/Māori representation will be commonplace in councils across Aotearoa in the near future?
Initial response
Thanks for sending your questions. Looking at them however, we think you may not be aware of what the Bill is actually about.
The Bill is not a “Maori wards” bill. The decision to have a Maori ward was made in May 2021 (see more HERE) and there will be a Maori ward regardless of the outcome of the Local Bill process ie a Maori ward is locked in already and there will be mana whenua at the table.
The Bill is seeking a representation model that current legislation doesn’t allow for on account of the formula that must be applied to basically work out the number of seats that you can allocate in your wards, based on I think population proportionality. I’m not an expert in this so if this is not already familiar to you please research this so you have an understanding.
The Bill is not “dead in the water” as you’ve put it – the Bill is on pause to enable further information to be provided to respond to the Attorney-General’s initial analysis relating to the Bill of Rights.
We can’t answer questions re “political viability” or regaining Labour’s support – those are questions for MPs.
Can we suggest that you have a look at the background regarding the Bill and then come back to us – the latest is in the link below, from 28 April 2022, and that includes links to other info including general and background.
Statement from Mayor Chadwick on pausing of Local Bill process - Rotorua Lakes Council
Further information provided:
On 6 April 2022, the Rotorua District Council (Representation Arrangements) Bill received a first reading in Parliament and was referred to the Māori Affairs Select Committee.
On 28 April Rotorua Mayor Steve Chadwick made a request on behalf of Rotorua Lakes Council to the Māori Affairs Select Committee asking them to pause their process to allow time for council officers to work with legal advisors, parliamentary and government advisors, to further strengthen the policy work of the Local Bill. This is currently underway. See more HERE.
In response, the Māori Affairs Select Committee paused the hearing of oral submissions on the Bill. See more HERE.
Subsequent enquiry
My revised questions are as follows:
- The Representation Arrangements bill has been paused by the Rotorua Council to allow the council to rework and fine tune the bill. What progress has been made on revising the bill, and is there a working timeframe on when council will resume the bill?
- How has Attorney General David Parker's declaration that the proposed bill violates the Bill of Rights Act affected the councils decision-making on revising the Representation Arrangements bill?
- Has the council considered any other options for expanding Māori representation and mana whenua voices in council decision-making beyond Māori wards?
Subsequent response
Background on partnership between Rotorua Lakes Council and Te Arawa
In December 2015, the Te Tatau o Te Arawa Board was established and signed a partnership agreement between Te Arawa and Rotorua Lakes Council.
The agreement embodies the intention of Te Arawa and Rotorua Lakes Council to establish an enduring partnership which creates a future that benefits the community as a whole.
The partnership is considered a means to help Council meet its commitment to effectively partner with Te Arawa; strengthen Te Arawa participation in council decision-making; identify strategic opportunities to work closely together for the benefit of the Rotorua district and build iwi capacity and capability to partner with local government.
The partnership model allows for two Te Arawa representatives to sit on Council’s Strategy, Policy & Finance Committee, and Operations & Monitoring Committee, both of which make recommendations to the full Council. See more HERE.
In May 2021, Te Tatau o Te Arawa formally requested the establishment of Māori wards for the 2022 election and Council voted in favour of establishing them. See more HERE. The representation model for the October election will consist of a Māori ward with 3 elected members, a general ward with 6 elected members, and a rural ward with 1 elected member.
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Media: Aukaha News
Topic: Wallabies
Enquiry
Aukaha News is putting a Story out on the Wallaby infestation in the Rotorua area and seek a response from Council.
Is there anyone at Council who can speak on camera into this by end of Friday pls.
Questions:
1) What is Council doing about the Wallaby population around Rotorua?
2) What support is Council offering to Mana Whenua such as Rotoiti 15?
3) What is the plan movong forward to erradicate these pests?
Response
Reporter was informed that the BOP Regional Council, not Rotorua Lakes Council, is responsible for pest management in the BOP region and has a wallaby programme in place and that they would need to contact them.