Home > Archives > 23rd May 2022 Edition > Clive Boonham wins protection for community against another EcoCare disaster
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Clive Boonham wins protection for community against another EcoCare disaster23 May, 2022
The 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 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 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 “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 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
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
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