Money, money, money: Litigating Wellington's Shelly Bay

The former commercial wharf at Shelly Bay, Miramar, Wellington. Photo / Mark Mitchell.

Financial statements show there are mounting donations being given to groups taking legal action against a controversial housing development at Wellington's Shelly Bay.

Yesterday the Herald revealed WingNut Films, one of Sir Peter Jackson's companies, is bankrolling an iwi group pursuing the latest litigation.

The proposed development has already been dragged through two high-profile court cases litigated by Enterprise Miramar. The business improvement district's usual income is almost entirely paid from Wellington City Council targeted rates of $80,000 a year.

But it received quarter of a million dollars in "Shelly Bay Project Donations" for the year ended June 30, 2018, meaning it could afford legal action.

According to financial statements filed with the council yesterday, Enterprise Miramar has received a further $135,841 in what is now being called "Special Project Donations" for the year ended June 30, 2019.

This covers the time period of the Court of Appeal hearing where the original resource consent for the development was quashed.

Expenses show almost all of the donations have been spent.

The names behind the donations remain to be seen with Enterprise Miramar chair Thomas Wutzler previously telling the Herald many of them were confidential.

In Enterprise Miramar's 2019 Annual Report Wutzler said: "Working to ensure the right outcome for development in Shelly Bay has taken a lot of our attention."

Since the court ruling, a fresh resource application was lodged and subsequently granted two weeks ago by three independent commissioners.

Wutzler wrote in his chair's message they were disappointed in the decision but it wasn't surprising given it was considered under special housing legislation, which excluded the community and overruled the District Plan.

"Enterprise Miramar has consistently, for more than three years, been requesting answers to our concerns regarding traffic congestion and traffic safety to be resolved".

Enterprise Miramar has been approached for comment.

A decision has been reserved on the latest legal bid over Shelly Bay being heard at the High Court in Wellington.

The case centres around the legitimacy of three caveats placed on parcels of land there. A fourth caveat has already been removed.

A caveat acts as an injunction against dealings. It is a notice or warning a party has a claim or interest in the land.

Mau Whenua is the iwi group claiming land should never have been sold to developers in the first place.

Court documents show WingNut Films has agreed to meet certain costs over and above those met by the plaintiffs.

The donation agreement outlines that the company must not interfere with, meddle in, or otherwise influence the proceedings.

It also states the company has no claim over, or right to, any recovered amounts by way of damages.

Jackson has also given money through his companies to now mayor Andy Foster's election campaign. The pair have been vocal critics of decisions behind the controversial proposed development at the bay.