Stadium affidavit details revealed

The main points of next month's Forsyth Barr Stadium case in the High Court have been revealed in affidavits from the Dunedin city and Otago regional councils, and a precis of stadium opponent Basil Walker's planned argument, as have details of the city council's spending on the project.

Mr Walker, in documents he sent to the Otago Daily Times, said it was "curiously illogical" the council required the stadium to have a roof.

"The regional assets of the Port of Otago and the floodbanks around the province are regional assets without roofs", he said, and without a reasonable argument or requirement for them to be roofed.

He appears set to ask for court orders directing Carisbrook be retained for five years after the stadium is built in case turf could not grow under the stadium's roof.

If the regional council did not fund the project, "a potential problem is allayed of the DCC selling Carisbrook as a development project for other than the existing purpose".

As well as his precis, Mr Walker included a copy of a letter he sent to both councils objecting to what he said was the late filing of Mr Harland's affidavit, which was not available to him before the May 6 hearing.

He argued in the precis the certainty of funding had been compromised, that bridging finance was not included in previous annual plans, and that because government funding for the stadium had not been shared with the regional council, it made void the funding promise of $37.5 million.

Mr Harland, in his affidavit supporting the regional council in its case last week, said any relief granted Mr Walker by the court would "to put it quite simply call into question the viability of the city council continuing with the construction of the stadium".

By signing a contract with Hawkins Construction to build the stadium, the council had committed itself to "significant financial exposure".

The city council had paid $35.6 million for land, $15.3 million to the Carisbrook Stadium Trust, $1.1 million for administration and $385,000 for a district plan change, for a total cost to the end of March of more than $52 million.

The council could not proceed without the regional council's money.

In the event the contract was terminated, the city council was liable to pay Hawkins a termination fee of $1.26 million, a design termination fee of $980,000, and to pay for work done so far.

A long delay could trigger a "scope amendment" allowing Hawkins to ask for compensation, and an adjustment to the guaranteed maximum price of up to $17,798 a day.

 

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