Lodge found in breach of resource consent

Pakiri Point Lodge borders a regional park in Rodney, north of Auckland. Photo / Supplied

Opponents of a luxury lodge built overlooking Pakiri Beach have succeeded in a complaint to the Ombudsmen's Office about its resource consent.

In a decision, Ombudsman Beverley Wakem found Rodney District Council had allowed retaining-wall piles to be sunk in an area that a resource consent had reserved for planting bush.

"The council unreasonably allowed work to be carried out in the covenanted area in breach of conditions of the resource consent that was granted by the Environment Court."

Staff failed to verify the positions of the pile wall were up to 3m into the covenanted area and also whether the wall had in fact been approved.

"I recommend the council review its processes, particularly between the departments involved in this case, in order to ensure that similar errors do not occur in the future."

The Ombudsman said she was considering having the council record the breach on the property's Land Information Memorandum.

Usually, it is the Environment Court that rules whether an activity complies with the Resource Management Act.

The complaint was made in November 2008 by residents Hilary and Tony Russell, Christine Baines, Simon Reeves, Edward Melton and Mana Sinclair.

Mr Reeves, a lawyer, said the piles were in contempt of the Environment Court ruling.

Mrs Russell said the lodge was a contentious issue because of its size, bulk and scale bordering a regional park, which was bought with $20 million of ratepayers' money.

The council failed to do its job to ensure all rules were complied with, she said.

The Ombudsman had let the council off lightly and Northland MP and Associate Local Government Minister John Carter would be asked to conduct a full investigation.

Pakiri Point Lodge opened for guests in November after a five-year battle through the resource management process.

Co-owner Rae Ah Chee said both its lawyer and the council said the lodge did not breach resource consent. The Ombudsman's conclusion was wrong.

"We object to anything on the LIM."

Council spokesman Lloyd Barton said the 14 piles were a retaining wall below ground level, which had no adverse effects.