New legal challenge launched against Wellington's Shelly Bay development

Shelly Bay, Miramar, Wellington. Photo / Mark Mitchell.

Wellington's controversial Shelly Bay housing development is being challenged again through fresh legal proceedings.

Enterprise Miramar filed judicial review proceedings at the High Court yesterday regarding a resource consent granted for the project last year.

It's the latest chapter in an ongoing saga filled with keyboard battles, legal challenges, publicly aired spats involving Sir Peter Jackson, and discontent.

Independent commissioners granted the project a new resource consent in October after the Court of Appeal quashed Wellington City Council's decision to grant the original consent for the significant development.

The latest challenge comes from Enterprise Miramar, which is a business improvement district that has led the last two court challenges over the consent.

The group said in a press release today the project would lead to significant adverse traffic effects in the area and would burden Wellington ratepayers with huge future costs at a time when the city's infrastructure was failing.

Enterprise Miramar chairman Thomas Wutzler said as the consent application was still under special housing legislation, the community and stakeholders were once again shut out of the process.

"Our challenge is about future costs for ratepayers, traffic, congestion, safety, and the ability to get around, on and off the Peninsula. Enterprise Miramar is asking the High Court to scrutinise the commissioners' conclusion that traffic effects from the proposal are no more than minor and that there is sufficient and appropriate roading infrastructure."

The Enterprise Miramar Board made the decision to take further court action during lockdown due to what is described as inaction from Wellington City Council in addressing its concerns with the Shelly Bay development.

Wutzler said after trying to engage with the council for a commitment to a timely review of its decisions on Shelly Bay, Enterprise Miramar could not defer making this decision any longer.

"If the resource consent is not tested, then the developer will continue to push on and the opportunity to challenge the consent will be lost. Then, the only chance for a re-think on Shelly Bay will be if the council finally acts."

Financial statements have revealed the mounting donations being given to groups taking legal action against a controversial housing development at Wellington's Shelly Bay.

Enterprise Miramar's 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 last year, Enterprise Miramar 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 showed almost all of the donations have been spent.

The Herald has also previously revealed that WingNut Films, one of Sir Peter Jackson's companies, is bankrolling an iwi group pursuing separate litigation.

Wellington City Council and the developer have been approached for comment.