Mayor Peter Chin at yesterday's Dunedin City Council
meeting. Photo by Craig Baxter.
A judge will decide the immediate fate of the $198
million Otago stadium within days, after Dunedin councillors
yesterday voted to sign a construction contract despite the
threat of a High Court injunction.
Dunedin city councillors voted 10-4 in favour of signing a
guaranteed maximum price contract for the stadium with
Hawkins Construction after yesterday learning Stop the
Stadium's injunction application would be the subject of a
High Court hearing in Christchurch on Thursday.
The signing of the contract was approved by councillors
subject to a favourable outcome at the High Court, with the
judge expected to release a decision by 5pm on Monday.
Yesterday's vote meant the stadium would be "all go" if the
judge threw out the injunction application, Mayor Peter Chin
told councillors.
Speaking after the meeting, Mr Chin said: "I'm very, very
happy with the outcome of a long day and a long process.
"I think the decision is the right decision."
He was confident the court would rule in the council's
favour.
"If the decision is a positive decision, then the way is
clear."
Stop the Stadium president Bev Butler walked out of
yesterday's meeting at 4.55pm, shortly before the final vote,
and told the Otago Daily Times she was "feeling a bit sick",
having "heard it all before".
"Stop the Stadium looks forward to the ratepayers' day in
court," she said.
"We feel we have got a good case."
The public section of yesterday's extraordinary council
meeting was expected to begin about 11am, but was delayed
several times as councillors weighed legal advice relating to
the injunction notice and the implications of signing - or
not - the contract.
At 1pm, Mr Chin held a press conference to inform waiting
media that the council had resolved to defend the proceedings
with urgency, and had instructed chief executive Jim Harland
to work with the council's legal advisers and, if
appropriate, to instruct Queen's counsel to represent the
council.
The council also confirmed its commitment to resolution 7 of
its meeting on February 9, which stated the council was
committed to the project.
When the meeting eventually moved into public deliberations
shortly before 3pm, the stadium received a boost with
confirmation the Government's $15 million contribution would
come as a grant on July 1.
Mr Chin also tabled a letter from Otago Regional Council
chairman Stephen Cairns, confirming its contribution of $37.5
million would be paid over three years, beginning once the
Awatea St site was cleared and construction had begun.
The debate then continued as councillors largely reiterated
previous stated positions, including raising again the
perceived need for more public consultation.
Several councillors at yesterday's meeting attempted to
strike a more conciliatory tone than in the past, with Cr
Teresa Stevenson saying, whatever the outcome, she hoped
Dunedin could go back to being the supportive community it
was.
Mr Chin said weighing the merits of the stadium during the
past few years had been a "very tortuous" process, and the
council, with the benefit of hindsight, "could have done
things better"If Thursday's injunction hearing produced a
result favourable to the stadium, Mr Chin said he hoped the
community and council would "support the project, so that the
differences we have had . . . will be forgotten a bit, as we
collectively make it happen".
Ms Butler last night said Mr Chin's comments were "empty
words", given the refusal to allow further consultation
during next month's council long-term council community plan
hearings.
She vowed she would "never" support the stadium - "Why would
you embrace something that you don't want?" - and also
indicated Stop the Stadium was still planning other ways to
attempt to derail the project.
"You will just have to wait and see.
"We have to keep our powder dry."
Cr Fliss Butcher apologised for not attending the meeting.
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