MPs seek AG inquiry into marine precinct sale

Tauranga's marine precinct has been sold and as a result, most of the boats that berth there will have to leave. Photo / Brydie Thompson

Two MPs in Tauranga are calling for the Auditor-General to investigate the sale of the city’s marine precinct, which one believes is a “really bad deal for Tauranga”.

Tauranga MP Sam Uffindell and Act MP Cameron Luxton have asked the Auditor-General to investigate the sale due to concerns it was sold for “well under” its valuation.

Mayor Mahe Drysdale confirmed the council was investigating the transaction internally and working with the Office of the Auditor-General. No evidence of wrongdoing had been found, Drysdale said.

In May, Tauranga City Council sold the precinct at Sulphur Point for $13.987 million to Christchurch developer Sam Rofe, to be developed into a superyacht refit destination.

The 2.98-hectare precinct, also known as Vessel Works, was valued at $18.63m and $19.24m by different valuers. It is zoned for port industry and some sites within the precinct are already privately owned.

The 7195sq m hardstand area was separately valued at $6.12m and $7.81m.

To reach the sale price, the council started with a “valuation midpoint” of $23.13m then deducted $6.96m for the hardstand and $2.54m for “risk”. An agreed value of $110,000 for the hardstand and $250,000 for the Vessel Works plant and equipment was added, according to a report presented to the council.

As part of the sale, the council also agreed to fund up to $29.2m to develop an alongside wharf and replace the existing Bridge Wharf, and the council would receive part of the berthage fees.

Reports presented to the council said developing the precinct under private management would benefit the city’s economy.

Tauranga MP Sam Uffindell met with the Auditor-General and asked him to investigate the Tauranga marine precinct sale. Photo / Alex Cairns
Tauranga MP Sam Uffindell met with the Auditor-General and asked him to investigate the Tauranga marine precinct sale. Photo / Alex Cairns

National Party MP Uffindell said, in his view, it was a “really bad deal for Tauranga”.

In his opinion: “[It] sold well below market value, committing Tauranga City Council to an expensive investment for the benefit of a private developer and significantly impacting the fishing industry. The deal sucks. It is a really bad outcome for Tauranga.

“The people of Tauranga deserve better from the council.”

He said if the council wanted to get the best price, it should have gone to an open market process.

The sale conditions meant most of the working-boat operators would need to relocate from their precinct berths.

An aerial overview of the Tauranga marine precinct. The precinct is outlined in red, the blue shaded areas are privately owned. Image / Tauranga City Council.
An aerial overview of the Tauranga marine precinct. The precinct is outlined in red, the blue shaded areas are privately owned. Image / Tauranga City Council.

A report presented to the council said Rofe approached the council in late 2023 with a proposal to buy the precinct.

The Government-appointed commission running the council decided to sell the precinct. Elected councillors replaced the commission in July, after the decision was made.

Uffindell has questioned whether the council had followed its internal Property Acquisitions and Disposal Policy.

He also had “genuine concerns” about whether appropriate consultation was done with the marine precinct users that would be affected by the sale.

ACT MP Cameron Luxton said ratepayers deserved clarity about the sale. Photo / Supplied
ACT MP Cameron Luxton said ratepayers deserved clarity about the sale. Photo / Supplied

Pāpāmoa-based MP Luxton shared Uffindell’s concerns around a “lack” of public consultation and the sale price.

“Ratepayers deserve clarity around this decision to ensure their interests have been put first,” he said in a statement.

In his view: “Many ratepayers are already under immense pressure resulting from rising rates bills. Selling the precinct at below market rates is yet another kick in the guts.”

At a council meeting in October, marine precinct users aired their frustrations over what one described as the “unconscionable” sale and being forced to leave the precinct.

The marine industry figures said they contributed well over $100m annually to the local economy.

Pacific7 managing director Sean Kelly, pictured in 2018, said precinct users had to withdraw the injunction because of the financial risks. Photo / John Cousins.
Pacific7 managing director Sean Kelly, pictured in 2018, said precinct users had to stop their plans for an injunction because of the financial risks. Photo / John Cousins.

Managing director of marine service company Pacific7 Sean Kelly told the meeting he had planned to file an injunction with the High Court to try to stop the sale, but he has since had to abandon the plan due to the financial risk.

Kelly said in a statement that stakeholders received advice if they continued with the injunction it could cost more than $100,000, and if it failed, they could be held liable for the new owner’s legal fees and damages.

“We’ve poured time, resources, and money into trying to protect our livelihoods, the community’s best interests, and our industry. But the financial risk became too great to bear.”

Drysdale said he asked council staff to provide information to the group looking at an injunction in a timely manner to help them.

The marine precinct sale was yet to be formally settled but legal advice indicated there was a binding agreement in place, he said.

The council was investigating the transaction internally, had gathered legal advice and was working with the Office of the Auditor-General, Drysdale said.

“Those processes will shed light on whether the sale price fairly reflected the actual value of the marine precinct assets and business at the time of the sale.

Tauranga mayor Mahé Drysdale said councillors supported an independent investigation.
Tauranga mayor Mahé Drysdale said councillors supported an independent investigation.

“While no evidence has been found of personal wrongdoing, as elected members, we are supportive of independent scrutiny of significant property transactions.

“I have written to the Office of the Auditor-General to express full support for any review or investigation they might deem necessary.”

This was to ensure that proper processes, legislation and policies had been followed and ratepayers’ best interests were considered, Drysdale said.

The newly elected council made the information public to be transparent about what they had inherited, he said.

“I don’t think the current council would agree to the same deal or process if it was put in front of us.

“However, I can see the rationale and have to respect the previous governance decision.

“We need to be proactive and find a solution that works for all parties going forward. That’s where we can have the most influence.

“The new council is focused on making decisions that deliver the best financial outcomes and value for money for Tauranga ratepayers.”

A spokesperson for the Office of the Auditor-General confirmed they received correspondence asking them to look at investigating the issue.

“In line with our usual process, we are considering the issues raised, and whether or not we will carry out any inquiry work, including whether the issues are within our mandate.”

Local Democracy Reporting attempted to contact Rofe for comment.

LDR is local body journalism co-funded by RNZ and NZ On Air.

3 comments

It’s easy to say….

Posted on 21-11-2024 09:31 | By Shadow1

…that there was no evidence of wrongdoing In a legal sense. But this was a deliberate plan to raise money for the CBD upgrade. The commission obviously thought that sticking ratepayers with a $29M wharf building obligation and making the fishing industry find other ways to offload their catch was okay. That is gobsmackingly wrong from any point of view. I’m fairly sure that none of the council staff are stupid enough to come up with this plan so blame has to go to the commissioners.
I feel that council needs to extricate themselves from this mess. It will cost quite a bit, but the blame rests with Central Government. The commission was a draconian and difficult solution to a problem that could have been resolved by replacing the Mayor. Look where that has got us.
Shadow1.


Hmmm

Posted on 21-11-2024 10:36 | By Let's get real

Are we simply looking at a "done deal"...?
"The Auditor-General does not have a judicial function, so cannot make findings on whether a public entity has acted lawfully or whether someone is culpable for a particular action. The Auditor-General can express an opinion, but cannot overturn a public entity’s decisions or actions; that is for the courts to decide through the judicial review process. The Auditor-General cannot provide any redress or remedies for particular concerns."
I would love to know if there might be some financial associations or businesses connections in the dark depths of council offices. But we will never know the truth, and the mistrust of council decision-making will continue. Binding ratepayer only referenda might have a chance of bringing open (honest) discussion back to the community. But I have a strong feeling that a small but aggressive sector of the community would be opposed.


The Master

Posted on 21-11-2024 17:39 | By Ian Stevenson

@ Let's get real

Perhaps the deal is done already, perhaps the Mayor "understands why, but disagrees...".

But these deals just keep on happening over and over. The $50+m lost on this is a lot of money to throw away adding to TCC debt and so rates forever... a burden to all future generations, but sadly it is a very small amount compared to the multitude of TCC wonderful buys and sells to date that have cost hundreds of millions to date and continue to reoccur and seem to get worse and worse?


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