Laurier Newhook

Coney barking up wrong tree

Policy Parrot says:

There is nothing more hilarious than watching Auckland Council fret about legal advice because the advice will be worthless shit.

Today Bernard Orsman reports that Councillor Sandra Coney wants to review legal advice provided to the top Council planners. Her desire to test the lawfulness of the Unitary Plan is smart. But unsurprisingly council officers don’t want her to read it.

This Parrot says that the advice won’t be worth the paper it is written on.

This Parrot can justify said statement because years of legal proceedings such as plan changes, variations, financial contribution battles, Judicial Review’s and other legal brouhaha where Council has either lost or had it’s planning provisions substantially changed proves they are getting poor advice over which fights they can win and which they can’t. They always start the process thinking they are right and what they have drafted is vires.

For example six long years of LGAAA and Plan Change 6 appeals on the Regional Policy Statement. The end result was a clear win for opponents of Council’s planning provisions. Or heritage provisions through Plan Change 167 in Auckland City – pulverised by Remuera locals. What about the tree rules smashed to oblivion by the Property Council?

The point this Parrot is making is that Council legal advice falls short more often than it upholds a Council position with wins. Provisions do get overturned and often.? Read more »