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Clive Boonham wins protection for community against another ‘EcoCare disaster’

23 May, 2022

 

thumbnail 10 MF-Clive and Judi Boonham-404The Environment Court’s support for long-time Mangawhai sewerage scheme critic Clive Boonham and his deep concerns over the protection of ratepayers from probable Kaipara District Council (KDC) utility cost blowouts and an inability to perform, will go a long way to ensuring Mangawhai never again faces an ‘EcoCare disaster’ that led to the dissolution of the KDC and a continuing debt headache for its ratepayers.

Last month Clive, on his own, faced down the ratepayer-funded might of the KDC, and their team of lawyers and consultants, during the Mangawhai Central Environment Court appeal mediation process in relation to the Mangawhai Central Plan Change (PC78) and the KDCs agreement to supply the development with sewerage disposal.

While supporting Clive’s appeal, Mangawhai Matters Society, the Fairy Tern Trust and concerned local Peter Rothwell concentrated their efforts on various other limitations of the KDC-supported PC78 Plan Change.

 

Don’t repeat history
Clive’s appeal was solely based on the provision of utilities (sewerage and water) while other appeals covered density provisions, the environmental impacts of run-off, the impact on the fairy tern, traffic issues, wetlands issues and other concerns.

During his appeal Clive convinced an Environment Court judge, Judge Smith, that it was critically important that never again “history repeat itself”.

Throughout both the PC78 hearings before Commissioners, and at court appointed mediation during the Environment Court appeal process re PC78, Clive produced hundreds of pages of documents that included many KDC-commissioned consultant reports, KDCs own minutes and his own reviews of what he had found. Some reports had never been made public.

Clive was principally concerned that the sewerage scheme did not have the capacity to cope with Mangawhai Central’s plans, that KDC costs for upgrading the system were not robust and that they had no effective planning in place.

Environment Court Judge Smith agreed with Clive’s concern that the development could not proceed in circumstances where future wastewater demand “could not be dealt with”.

“I see this (Clive’s concerns) as a reasonable expectation,” said Judge Smith, who went on to say that the then current general provisions of the Mangawhai Central Plan Change decision and the assessment criteria for the provision of sewerage to the

development “do not give sufficient emphasis to the necessity of having adequate wastewater systems in place”.

With ratepayers still facing a debt of $26 million from the ill-fated EcoCare scheme, the importance of ensuring this would never happen again was something Clive was passionate about.

 

Fighting City Hall
In essence what Clive won from the Environment Court was a tightening of the word “planned” capacity, which had been loosely used by KDC and according to Clive had been adopted by the council in its own “subjective” interpretation.

Judge Smith said of the council’s wastewater provisions: “While helpful, I consider that both the general provisions and the assessment criteria do not give sufficient emphasis to the necessity of having adequate wastewater systems in place.”

“In other words, the judge insisted that any planning and its funding must be included in the KDCs Long Term Plan, and more importantly consulted with the community,” says Clive.

Judge Smith said of future plans: “That there is adequate existing wastewater infrastructure, or funding for adequate wastewater infrastructure to support the development identified in the (KDC) Long Term Plan.”

Clive believes that his appeals to the Environment Court and the success also of Mangawhai Matters and other appeals, were empowered by those 200 members of the community who made the effort to challenge the combined forces of the Mangawhai Central developer and the KDC by making submissions on the Plan Change request.

The community’s response to PC78 stopped KDC and MCL in their tracks, he says.

“They did their bit to save Mangawhai and also proved that the saying ‘You can’t fight City Hall’ is not always true,” says Clive.

 

Tributes
Doug Lloyd, Chairman of Mangawhai Matters Society, who was deeply involved in the society’s appeal against PC78 provisions, says Clive is to be admired for his tenacity.

“Without his uncompromising persistence he wouldn’t have achieved the great outcome that he has relative to the sewerage issues,“ said Doug.

Burnette O’Connor, a respected planner from the Planning Co-Operative in Warkworth, and who represented Mangawhai Matters Society during the PC78 Plan Change hearing and the subsequent appeal process, said of Clive: “Clive definitely deserves recognition. Our communities are 100 percent better off for people like Clive who work tirelessly to keep things honest and transparent.”

 

KDC Role in PC78
Clive is very upset at comments made by Kaipara mayor Jason Smith after the appeal was settled, that “This ( the result of the appeal) outcome is a good example of the democratic process at work.” And further “I’d like to thank the parties for working constructively with the Council to reach this excellent outcome.”

Clive says that the fact the KDC just accepted the Plan Change without comment before it was referred to Commissioners was an appalling decision. He says that KDC staff also fought the community at every step of the way during the PC78 process.

“The Mangawhai Central development involved some of the most significant decisions to face the KDC, yet the community and the elected members were completely sidelined, with all decisions being made by those who run the KDC and the KDC staff,” he says.

“If he and his leadership team had their way, the development would not have had the basic infrastructure of water and wastewater to enable that development, and the magical environment of Mangawhai would have been destroyed.”

Mr Boonham said there was nothing constructive or co-operative about the process.

“The ‘excellent outcome’ was achieved solely because of the determined efforts of the community, despite the complete intransigence of the KDC. The result was a victory for the people of the district, a vindication for every submitter, every appellant and every section 274 (appeal) party who fought hard to prevent the KDC from destroying our township,” says Clive.

Clive points to a photo in the Mangawhai Focus which quotes Mayor Smith after turning the first sod in the development saying: “I want to thank Andrew (the Mangawhai Central manager) and his team for bringing us this wonderful opportunity. Council will put the wind beneath your wings and make this project fly, I know it’s going to be a huge success."

“This comment was made before KDC had made any decision on PC78,” says Clive.

 

KDC and MCL reimburse Clive’s costs
Despite Judge Smith ruling that an award of costs was not appropriate following his decision, Clive applied for the reimbursement of his $600 filing fee for lodging the appeal because of the special circumstances of the case. The KDC immediately offered to pay those costs without the Court making a ruling, and agreed that there should be no confidentiality provision. KDC and Mangawhai Central Limited each paid $300.

 

n Want to join the Mangawhai Matters Society Inc. as a member and have a say? It’s only $20 per family per year. Please make deposits to 01-0204-0160241-00. Following your payment please email us at mangawhaimatters@gmail.com giving us your name, phone, and address so we can keep in touch.

 

“… the judge insisted that any planning and its funding must be included in the KDCs Long Term Plan, and more importantly consulted with the community.”

– Clive Boonham

 

Lawyer, campaigner, blogger. Clive Boonham, pictured with wife and biggest supporter Judi, is passionate about democracy, fair play and integrity. He regularly posts his thoughts and concerns about governance issues affecting Kaipara ratepayers. PHOTO/JULIA WADE

 

Who is Clive Boonham?

Clive, aged 77, first bought a bach in Mangawhai in 2008 on the estuary in Alamar Crescent. He and wife Judi “were taken with the beauty of Mangawhai” and the very special feeling of the township. They moved here permanently from Auckland in 2013.

He obtained his law degree from Exeter University in 1965 and moved to New Zealand in 1969, being admitted to the bar in 1977.

Interestingly his early years in law were spent working for Auckland City Council lawyers Butler White and Hanna, where he began as a law clerk in 1976. He began his own practice in Newmarket in 1981 then set up a shop-front practice in Balmoral. He retired from full-time law in 2008 but is still enrolled as a Barrister and Solicitor of the High Court of NZ but no longer holds a practising certificate.

He was deeply involved in the long and drawn-out fight over the EcoCare project, the rates strike and the subsequent legislation that validated the rates during the tumultuous period where many illegalities were retrospectively validated.

During those years from 2012 Clive began a blog called Kaipara Concerns. This had thousands of followers during those controversial times and even today a loyal base of readers. Today, Clive regularly posts his thoughts and concerns about governance issues at KDC, in particular issues to do with the sewerage scheme.

Clive is passionate about democracy, fair play, integrity and the rule of law. He believes that Judge Smith realised a financial crisis was looming over the historic debt and future debt.

“By tightening the wording of the rules in PC78, he (Judge Smith) ensured that the funding aspects of wastewater, many of which have been buried, would have to be fully revealed and considered in detail and publicly approved,” says Clive.

If there are any regrets for Clive, it is that he has not spent as much time with wife Judi as he should have because of his intense involvement with council matters.

Although he’s promised Judi this will be his last crusade, not one person believes Clive’s passion for the rule of law and the rights of the individual will be dampened.

 


 
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