Christine Currie owns 405 Cameron Rd, where NZME is based. She has threatened legal action against the Tauranga City Council for its decision to close 7th Ave access from Cameron Rd, saying it devalues the building. Photo / Alex Cairns
A Mt Erebus tragedy widow who invested compensation money into buying a commercial property is threatening legal action against a council over roading changes she claims have knocked $800,000 off the value of her building.
It is one of two legal threats Tauranga City Council has received in relation to the Cameron Rd upgrade project.
The council revealed it had received the legal notices, and at least 136 complaints, about the project in response to a Bay of Plenty Times Weekend official information request.
The Building our Future Cameron Road, Te Papa project is aimed at improving travel, beautification, and updating ageing infrastructure including water pipes and utility services.
But it has been criticised by businesses claiming to have been negatively impacted by the works, which involved digging up the road and footpaths. Some claimed to be “effectively barricaded” from their clientele by work outside and others said they were only surviving because of loyal customers.
Stage one began in April 2021 between Harington St and 17th Ave. It was expected to end later this year, when stage two - 17th Ave to Barkes Corner - would begin.
In the council’s response to the official information request, democracy services team leader Kath Norris said the first legal letter was received on February 13 from a lawyer on behalf of a building owner and tenant, concerned about the road design and removal of a vehicular access to the building because of the 7th Ave west access to Cameron Rd closing.
The email stated: “My clients consider that TCC will be responsible for damages associated with this financial loss which is likely to ensue from a commercial building that will not be able to attract commercial tenancies due to this issue.”
The second legal threat involved a letter received by the council on March 6 from a lawyer on behalf of a business owner. The letter followed “concerns about noise and compliance” at 15th Ave and Cameron Rd.
The letter stated: “... if [the] council does not provide a response that satisfy [sic] my clients that such breaches are not going to happen in the future, then my client will have no other option but to apply to the Environment Court for an enforcement order seeking that council comply with the consent conditions. It will also seek their costs, including all investigation costs in having to do so ...”
More details about the legal letters were not provided by the council, for privacy and prejudice reasons under the Act.
Tauranga woman Christine Currie confirmed the February 13 letter was sent on her behalf and she was still considering taking legal action.
Currie owns 405 Cameron Rd, on the corner of 7th Ave. The building is occupied by NZME, publisher of the Bay of Plenty Times.
NZME spokeswoman Kelly Gunn said it was not involved in any legal action against the council.
Currie said that after her first husband Geoffrey Kilsby - and his brother Anthony Kilsby - died as passengers in the Mt Erebus plane crash in 1979, she and her three children received compensation from Air New Zealand, which they eventually decided to invest in buying the building.
The building was recently valued and she said the valuer estimated the closure at 7th Ave would take up to $800,000 off its value.
It would also make it less attractive for potential tenants seeking ease of access, she said.
She said, in her view, it was gut-wrenching to see its value reduce because of the council’s decision to close an end of 7th Ave, which she said she was not aware of.
“I got a real surprise when 7th Ave closed. That was not made clear to us.”
Letters were sent out but she said she never received one and the consultation period was over by the time she realised what was happening, she said.
Currie said she was told a leaflet drop to affected properties was not carried out due to Covid and these could not be distributed to building owners because “they didn’t know our addresses”, she said.
Currie said she was never appropriately consulted about the roading change, which, in her view, would have a devastating impact.
Currie said it seemed “ridiculous” people on 7th Ave had to drive to Edgecumbe Rd, then other avenues, to reach Cameron Rd.
She was not against upgrading Cameron Rd but desperately wanted 7th Ave west reopened and was willing to compromise to allow for a one-way lane, she said.
“There’s no car parking building here. We are very lucky in that we are one of the only buildings that have got 30 car parks underneath and about seven outside.”
Parking along the northbound lane of Cameron Rd from 16th Ave to Elizabeth St will later this year become part-time bus lanes from 7am to 9am and 4pm to 6pm on weekdays. It was expected to become dedicated bus lanes within the next 10 years.
“I just don’t know where people are going to park,” Currie said.
“I know [the council] want all the staff to come in buses but a lot of people are picking up children from school then dropping them off to netball, or wherever they need to go. They can’t do that by bus.”
Academy Motor Inn owner Simon Driessens, behind the second legal action threat, said he was unable to comment in detail now but confirmed the noisy night works stopped once his lawyer sent the letter to the council.
Norris said that following concerns about excessive noise, the council “recently stopped night works at the intersection of 15th Ave and Cameron Rd until the contractor could guarantee they could stay within the standards set out in the resource consent”.
She said the council could not provide a breakdown of all complaints about the project as it did not have a dedicated register.
The 136 complaints logged via the council’s contact centre between September 9, 2021, and May 4, 2023, included 18 about congestion, 13 affecting a property or business, 12 “environmental”, and 7 about parking.
The Bay of Plenty Times has also sighted a breakdown of complaints made by a Cameron Rd business, showing 39 separate complaints about noisy night works.
The council declined to provide its register detailing all interactions - including complaints - with businesses, residents, and road users.
Norris said the register contained a lot of personal information and would take too long to provide, under the terms of the Local Government Official Information and Meetings Act, Norris said.
All but two of the 136 complaints had been completed or resolved. A complaint on February 28 cited an effect on property or business and a complaint on May 4 cited safety concerns.
Norris said its response to complaints included regular meetings between a Downer New Zealand Fulton Hogan Joint Venture group and Cameron Rd businesses to discuss issues.
All complaints were referred to the council and responded to.
In response to Currie’s concerns, council director of transport Brendan Bisley said 7th Ave was chosen based on modelling and because it had good alternative connections for residents via 8th and 6th Aves.
The council had tried to work with businesses in the project design phase to “meet customer parking and delivery requirements”.
When consultation began in 2018, discussions were held with the tenant of 405 Cameron Rd.
He said public consultation in 2021 included a mailout to Te Papa property owners, a mail drop to Te Papa addresses, emails to all businesses that had provided them, an advertising campaign and community drop-in sessions.
“No feedback was received at the time regarding the closure at 7th Avenue.”
Once the consultation was completed, “all who engaged” were emailed a summary of changes. The final design, including the 7th Ave closure, had been on the council’s website since September 2021, Bisley said.
The council began corresponding directly with Currie in late 2022 “when inquiries were made about the design”.
He said the cul-de-sac construction would continue and the changes would improve safety.
He confirmed a double bus stop would be established between 7th and 8th Aves.
“To mitigate removed parking, additional time-restricted spaces will be installed on the side roads and additional angle parking spaces provided where possible.”
Kiri Gillespie is an assistant news director and a senior journalist for the Bay of Plenty Times and Rotorua Daily Post, specialising in local politics and city issues. She was a finalist for the Voyager Media Awards Regional Journalist of the Year in 2021.
The role was advertised as an 'intern cleaning position'.