Tauranga City Council's 11 Mission St decision heading for a do-over vote

The 1400sqm section at 11 Mission St neighbouring The Elms is valued at over $1m. Photo / Supplied

The waning weeks of the last council's term was dominated by one issue: the future of 11 Mission St. The council - deeply divided on who to give the land to - made decision after decision. Now, with a new council settling in, another decision is right around the corner.

The controversial 11 Mission St vote may get a do-over.

And Tauranga City Council is seeking legal advice on new councillor Andrew Hollis' participation in the decision in light of the outcry over his Treaty of Waitangi comments.

Today Tauranga City Council agreed to return two old options for 11 Mission St to the table.

Last year the former group of elected members voted to transfer the historic land to a joint entity representing both the Ōtamataha Trust and the Elms Foundation.

The trust represents iwi interests and the foundation operates Tauranga historic
c_id=1&objectid=12270315' target='_blank'>revoked a decision to give the land to Ōtamataha.

But in a meeting on Tuesday next week, the council will have three options to chose from.

It could ratify the last council's decision or revoke it and give the land to either Ōtamataha (subject to a lease for the Elms) or the Elms directly.

If the council elects to revoke, it will be the second time the council has dropped a decision relating to 11 Mission St.

Deputy mayor Larry Baldock said both new and returning councillors had expressed an interest in revisiting the decision.

New councillors who were not present during the previous debates and consultation process were being given copies of submissions, including videos of people who addressed the council in person.

Chief executive Marty Grenfell said he had sought legal advice regarding councillor Hollis. He said he had not previously sought legal advice on the matter.

Before the election Hollis sparked ire with his social media comments calling the Treaty of Waitangi a "joke", suggesting burning it would be a good idea and calling for New Zealand to become a republic and "end the Treaty gravy train".

Councillor Andrew Hollis during the Tauranga City Council swearing-in ceremony, which was marred by protests. Photo / File

Earlier in the meeting, historian and Tauranga Moana mana whenua Buddy Mikaere addressed the council and called for Hollis to be banned from taking part in the decision, or any other decision relating to tangata whenua.

Mikaere argued Hollis had demonstrated he had a conflict of interest and any decision he was involved in would be "unsafe" for the council and open to legal challenge. He believed the council may already be in breach of the Local Government Act by "knowingly permitting this situation to continue".

"I strongly recommend that council seek a legal opinion on this matter. But in the interim, so that the business of council can proceed; the councillor should be stood down until this matter is resolved."

Hollis did not declare a conflict of interest in today's meeting, where the council voted to defer the 11 Mission St decision to next week.

He has previously said he will not, he has nothing to apologise for, and that he can approach council decisions with an open mind.

The new council's swearing-in ceremony was marked by a series of protests linked to Hollis' comments.

The Elms Foundation declined to comment on today's vote. An Ōtamataha Trust representative has also been contacted for comment.