Vote stands as council reconsiders Moy decision

Vote stands as council reconsiders Moy decision

The vote stands – residents near the proposed Moy Estate chalked up their second victory on January 30 when Kāpiti councillors stuck with their original vote in November.

The same councillors voted the same way in the tight 6-5 decision to reject rezoning of a small block of land that would have allowed access to the estate through current residents’ quiet cul-de-sac. The residents want access to be via the old State Highway 1.

A statement to Ōtaki Today from Mayor Janet Holborow said the decision “reaffirms the decision made by council on 28 November 2024 to decline the transfer of a parcel of land at the end of Moy Place from Local Purpose Reserve (Road) (under the Reserves Act) to legal road.

“The paper was brought back to the table following the receipt of new information in December last year. This included information about opportunities for hybrid dual access and a judicial review being lodged with the High Court.

“I felt that it was important for councillors to reflect on the new information as a judicial review is an expensive process and we are obliged to consider the impact for all ratepayers.”

Janet said she acknowledged that this process had been upsetting for the residents of Moy Place and Sue Avenue, “but I stand by the need to ensure we do our diligence and make sure we act in the best interests of the wider community at all times.”

The estate developers, Wakefield Group Holdings, lodged a judicial review in December. Papers at the January 30 meeting indicated a judicial review could cost the council anything between $100,000 and $200,000.

In January, Wakefield told Ōtaki Today that if councillors did not change their mind, “we have faith in the judicial system to ensure that development is not prevented by councillors refusing to follow the law”.

The threat of a judicial review was known to councillors when they voted in November. The potential for a hybrid access from both the highway, and Moy Place and Sue Avenue, was not convincing enough for the six councillors who voted against the change of status for the critical parcel of land.

A spokesperson for the residents, Lyall Payne, said they were ecstatic that councillors re-affirmed the November decision, but it  should not have gone back for a second vote.

“The mayor stated that new information had come to light as the developer was open to a ‘double entrance option’,” Lyall said. “This appeared to be a tactic (albeit highly irregular) to get the vote changed, as no new consents had been either considered or submitted.”

Residents were also disappointed that councillors didn’t stand behind the democratic decision made in November.

“The vote was a repeat and therefore showed a lack of understanding, by certain councillors, as to the meaning of democracy. It was a show of blatant disrespect for the democratic process as noted by the chairs of all the community boards.

“The council should now fully and wholeheartedly support the majority decision and show unflinching tenacity in the face of the pending judicial review.”

Those who voted for the change (on both occasions) were Mayor Janet Holborow, Martin Halliday, Liz Koh, Kathy Spiers and Sophie Handford. Voting against and in support of the residents were Ōtaki-based councillors Rob Kofoed and Shelly Warwick, deputy mayor Lawrence Kirby, Nigel Wilson, Glenn Cooper and Jocelyn Prvanov.