The latest move to run a fine-tooth comb through the Shelly Bay saga has been narrowly voted down.
Wellington City councillors were today considering a motion that would effectively send their chief executive Kevin Lavery on an investigative fact-finding mission over the proposed development.
It stems from September 2017 when councillors voted in favour of selling and leasing council land at Shelly Bay, giving Lavery the authority to make the transaction.
The motion, penned by councillor Andy Foster, asked the council's chief executive to report back on an array of issues ahead of any development agreement being signed off, should resource consent be granted.
"We want some information back on the resource consent and whether anything's changed as a result of that, who we're actually dealing with in terms of the land transaction, and also any updated information on sea level rise," Foster said.
He also wanted Lavery to address safety concerns on the coastal road to the bay.
But the motion was voted down nine to six.
Last week councillors also voted to delay discussing a paper to decide on the terms of reference for a review into council decisions around Shelly Bay.
Timing was the main point of contention over today's vote.
Councillor Brian Dawson was against the notice of motion with independent commissioners still considering resource consent and the upcoming local body election.
"Let's put the electoral elephant straight into the middle of the room. This is now a political conversation whether we like it or not, it's reality that people are going to be using this in their electoral stance."
There are three mayoral bids from current elected members. Justin Lester is vying for a second term in the top job and councillor Diane Calvert has thrown her hat in the ring backed by councillor Simon Woolf
The last one to announce was Foster, who did so alongside Sir Peter Jackson at Shelly Bay earlier this month.
Back to today's vote, deputy mayor Jill Day agreed timing was an issue with Port Nicholson Block Settlement Trust also in the midst of elections.
Wellington City Councillor Andy Foster (left) with Sir Peter Jackson at his announcement about his run for mayor of Wellington. Photo / Georgina Campbell.
But timing wasn't an issue for Woolf.
"This has to happen. It's something that's really important, it's something that involves transparency and accountability. It actually isn't about mana whenua in a way, it's not about the Wellington Company, it's about how we as a council act", he said.
Councillor Sarah Free also voted for the motion and said it was about seeking information and providing clarity.
"We may very well have more comfort than what we have now."
Another scathing letter
The keyboards have been back out in the battle for the bay with developer Ian Cassels penning a targeted attack on Foster ahead of today's meeting.
Foster's notice of motion went down like a cup of cold sick with Cassels.
"We are concerned that this is a politically motivated paper by Councillor Foster, that attempts to set aside good decision-making processes, objectivity, relevant facts and fairness in favour of attempting to paint the development in the most negative light," he said in the letter.
Property developer Ian Cassels. Photo / Mark Mitchell
Among the six points of concern Cassels listed in the letter was the quality of Foster's supporting information.
"We are concerned by the disregard for relevant facts, subjectivity, and lack of balance of the 'supporting information' provided", he said.
But Foster rejected that.
"I'm trying to correct the imbalances which have been put in the process by other parties."
A conflict of interest?
In his letter Cassels also questioned Foster's ability to bring the motion to the table, and vote on it, on the grounds of a conflict of interest with the development.
Cassels said he had received legal advice Foster's relationship with Jackson created at least a perceived conflict of interest.
Shelly Bay has been described as a rusting eyesore by mayor Justin Lester. Photo / Mark Mitchell.
But Foster said he had received his own legal advice that there was no such conflict and pointed to his consistent stand on the issue over the years.
"I am simply trying to get council to correct the mistakes it has made along the way and it happens to be that Sir Peter Jackson has similar concerns about poor process and a very special part of Wellington being looked after properly."
Despite this, Foster did not move the motion himself today at the council meeting, saying an agreement had been made for councillor Sarah Free to instead.
"Some people wanted to downplay the politics around this", he told councillors.
Where to from here?
Ahead of the vote Foster argued councillors shouldn't feel too much concern in supporting the motion because Lavery was "going to do essentially the same things anyway".
When Foster's notice of motion was revealed earlier this year, Lavery was quick to respond and gain control of the situation.
He confirmed the final decision on whether to lease and sell council land at Shelly Bay would in fact come back to the council table, rather than rest with just him.
But that won't happen until the outcome of the development's resource consent is known.
Independent commissioners are considering the resource consent after the Court of Appeal quashed Wellington City Council's decision to grant the original consent for the significant project.
A written report will go to councillors before they vote on the land, but whether that will be up to the standard of all elected members remains to be seen.
Lavery also today released the report councillors had available to them before the 2017 vote in an effort to put to bed disputes over what they did and didn't know at the time.
