Signage dispute ‘targeted’

Andrew Simms. PHOTO: GERARD O'BRIEN
Andrew Simms. PHOTO: GERARD O'BRIEN
Dunedin's highest-polling councillor says the city council’s failed bid to pursue him for legal costs relating to election sign rules was "vindictive".

The Future Dunedin team of candidates led by Andrew Simms had to take down a large sign in August because it had too much lettering — a replacement with fewer characters was then allowed.

This appeared to resolve the situation, but the Dunedin City Council did not let go of the matter.

It sought $6900 in costs from Cr Simms regarding an abatement notice he had challenged.

The council served the notice for what was described initially as contravention of the district plan about the sign’s size and lack of a resource consent, but Cr Simms argued the sign was displayed on an existing, consented billboard structure.

The Environment Court did not end up ruling on this and it also said the council cancelled the notice, but the council pursued Cr Simms for costs nonetheless.

Environment Court Judge P. Steven rejected the council’s application.

Cr Simms said the episode was "just another example of a waste of ratepayers’ money on meaningless action".

Other advertising signs in the same area near the Oval last year seemed to be well above the character limit, he said.

His ticket did not appear to have taken a different approach from Team Dunedin in 2022

and he felt "targeted", he said.

The decision to pursue costs from him was made by council staff, he said.

"I thought, ‘yes, we put the sign up. We've been forced to change it. That's the end of the matter’.

"But to then go for costs, I think, was seriously vindictive, particularly given that we were acting in good faith when we put the sign up in the first place ... knowing full well that there was precedent for it."

The council did not respond to a request for comment.

The court judgement said the council sought just under three-quarters of the costs it incurred.

Among its arguments were that "Mr Simms took an unmeritorious position" in appealing the abatement notice.

"The council submits that Mr Simms took inconsistent positions in his interactions with the council concerning election signs, both before and after the abatement notice was issued," Ms Steven said in the judgement.

"The council submits that added to the staff time."

Cr Simms ended up being the top-polling councillor, but Future Dunedin did not get anybody else on to the council.

Cr Simms narrowly lost the mayoralty to Sophie Barker.

He described an effort to "thwart our election campaign", but said the sign rules saga achieved nothing.

"I don't think it was instrumental in the outcome of the election at all, which just sort of furthers my belief that the whole thing was probably a complete waste of time."

grant.miller@odt.co.nz

 

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