Hon Kate Wilkinson Minister of Conservation Parliament Buildings WELLINGTON 6160 11 August 2010 Dear Hon. Kate Wilkinson, RE: CHRISTCHURCH HOSPITAL REDEVELOPMENT PROPOSAL AND ASSOCIATED HAGLEY PARK LAND TRANSFER Thank you for your letter of 15 July 2010 to ICON (copied to the Christchurch Civic Trust), and for your letter of 21 June 2010 to the Christchurch Civic Trust (copied to ICON), in response to ICON‗s letter (endorsed by the Christchurch Civic Trust) of 14 June 2010, to you, as a local Member of Parliament, regarding the above. We, ICON and the Christchurch Civic Trust, acknowledge receipt also of your letter of 28 July 2010 to ICON (copied to the Christchurch Civic Trust). We are writing to you now as Minister of Conservation, with ministerial responsibility for the Christchurch City (Reserves) Empowering Act 1971 and the Reserves Act 1977. Christchurch City Council Decision The Mayor of Christchurch, Mr Bob Parker, in his response to ICON‘s letter of 14 June 2010 (endorsed by the Christchurch Civic Trust), advised, ―The decision for the Council to make at this stage of the Christchurch Hospital redevelopment is whether or not to consent to the transfer of land parcels and commence the parliamentary process that would enable this.‖ (Refer attached letter Office of the Mayor 2 July 2010) On Friday, 23 July 2010, the Christchurch City Council approved ―the recommendation from the joint Council and Canterbury District Health Board Hearing Panel, that the transfer of a piece of Health Board land for a piece of Hagley Park, owned by the Council, should proceed, in order to enable the redevelopment of Christchurch Hospital.‖ (Refer attached CCC media release - ―Future of historic Nurses Chapel assured‖ 23 July 2010) ICON and the Christchurch Civic Trust understand that, shortly, the Christchurch City Council will seek your approval, as Minister of Conservation, responsible for the Christchurch City (Reserves) Empowering Act 1971, for the proposed transfer of an area Hon. Tariana Turia, Maori Party Co-Leader Hon. Clayton Cosgrove Dr Russel Norman, Green Party Co-Leader Hon. Lianne Dalziel Ms Metiria Turei MP, Green Party Co-Leader Hon. Ruth Dyson Hon. Jim Anderton, Progressive Party Leader Mr Aaron Gilmore MP Mark Solomon, Kaiwhakahaere [Chairman] of Mr Kennedy Graham MP Te Runanga o Ngai Tahu Mrs Nicky Wagner MP CHRISTCHURCH HOSPITAL REDEVELOPMENT PROPOSAL AND ASSOCIATED HAGLEY PARK LAND TRANSFER SUBMISSION TO HON. KATE WILKINSON MINISTER OF CONSERVATION FROM ICON (Inner City West Neighbourhood Assoc. Inc.) AND CHRISTCHURCH CIVIC TRUST INCORPORATED 11 AUGUST 2010 Executive Summary [1] On 23 July 2010, following a public consultation process, in respect of the proposed Christchurch Hospital redevelopment, the Christchurch City Council approved the recommendation from the joint Council and Canterbury District Health Board Hearing Panel, that the transfer of a piece of Health Board land for a piece of Hagley Park, a metropolitan park, owned by the Council, should proceed, in order to enable the redevelopment of Christchurch Hospital. [2] The shared concerns of ICON and the Christchurch Civic Trust (Civic Trust) include the following matters relevant to the Council‘s decision 23 July 2010: Council‘s decision not to adopt the Special Consultative Procedure, in respect of the acknowledged “significant” decision, in terms of the Local Government Act 2002 (LGA) no evidence of Council’s consideration of referral of the CDHB proposal to an independent commissioner to conduct public hearings and provide recommendations to the Council, given the vesting of Hagley Park in CCC Council‘s formation of a joint hearing panel, comprising elected members of the Canterbury District Health Board (CDHB) and the Christchurch City Council (CCC), for a joint panel recommendation to the Council, in respect of the Council‘s consideration of a CDHB proposal to the CCC for an exchange of CCC Hagley Park land non-disclosure of relevant information in the CDHB/CCC public notice published in “The Press”, including the fact of the proposed exchange of CCC land located in Hagley Park and CDHB construction on CDHB land, vested in trust non- and/or inadequate disclosure of relevant information in the public consultation pamphlet and submission form included, including: (a) fact of CDHB having made a proposal to the CCC for a Hagley Park land exchange (b) significance of relevant legislation protecting Hagley Park land and the requirement to amend legislation, the proposed land exchange not being permitted by statute (c) precedent created in amending the legislation protecting Hagley Park land, from the removal of land for public works, by means of land exchanges (d) destruction of 26 mature large woodland trees (all but 3 healthy) on the land being removed from Hagley Park (e) identified adverse environmental impact on adjacent Hagley Park land, hospital land and potentially the Botanic Gardens (f) inconsistency of the CDHB proposal with the statutory CCC Hagley Park Management Plan 2007 (g) CDHB proposal not having been subject to previous public consultation (h) CDHB‘s illegal use of Hagley Park land for car parking (i) fact of CDHB having made a proposal to the CCC, for CDHB construction on CDHB land, vested in trust (j) significance of relevant legislation, protecting CDHB land, vested in trust, and the requirement to amend legislation (k) non-inclusion of alternative siting options for the hospital development inconsistency of the CCC’s public consultation with “consultation” as defined by the Court of Appeal non-disclosure and/or inadequate disclosure of relevant information to the joint CDHB/CCC Hearing Panel non-disclosure and/or inadequate disclosure of relevant information to the Council for the Council‘s Hagley Park land exchange decision 23 July 2010 no evidence of the Council’s consideration of all the substantive arguments in the written and oral submissions of ICON and the Christchurch Civic Trust for the Council hearing CCC’s apparent non-compliance with relevant consultation principles and decision-making provisions of the Local Government Act 2002 no evidence of the Council’s consideration of the relevant matter of the identified adverse environmental impact on adjacent Hagley Park land, in terms of the statutory CCC Hagley Park Management Plan 2007 no evidence of the Council’s consideration of the relevant matter of the significance of Section 5 Hagley Park of the Christchurch City (Reserves) Empowering Act 1971, and, in particular, Section 5(3), not permitting Hagley Park land exchanges permitted by the Reserves Act 1977 no evidence of the Council’s consideration of the relevant matter of Parliament’s intentions, in respect of Section 5 Hagley Park of the Christchurch City (Reserves) Empowering Act 1971 no evidence of the Council’s consideration of the relevant matter of the creation of a precedent, regarding public works on land removed from Hagley Park for that purpose by a land exchange, in terms of Section 5 Hagley Park and Section 5(3) of the Christchurch City (Reserves) Empowering Act 1971 [3] ICON and Christchurch Civic Trust concerns also, in respect of a Council decision, required by the Christchurch Hospital Act 1887, to approve the Canterbury District Health Board‘s proposal to erect buildings and constructions on CDHB land, currently vested in trust, for prescribed purposes, including: The Council‘s formation of a joint hearing panel, comprising elected members of the Canterbury District Health Board and the Christchurch City Council, for a joint panel recommendation to the Council, in respect of the Council‘s consideration of a CDHB proposal to the CCC, not permitted by the relevant CDHB statute, unless approved by the CCC Non-disclosure and/or inadequate disclosure of relevant information in the public notice, public consultation pamphlet Executive Summary Recommendation: [4] ICON and the Christchurch Civic Trust respectfully seek your very careful consideration of the critical matters raised in this submission and request that you decline approval of the Christchurch City Council’s application for ministerial approval for the transfer of a piece of Canterbury District Health Board land for a piece of Hagley Park, owned by the Christchurch City Council. [5] Mr Alan Bywater’s Response to Hon. Kate Wilkinson 5 July 2010 Firstly, we are responding paragraph by paragraph, to the issues presented by Mr A. Bywater, CCC Strong Communities Programme Manager, in his letter to you of 5 July 2010. (Refer attached letter) [6] In Paragraph 2: Mr Bywater states that “the Canterbury DHB (CDHB) and the Christchurch City Council (CCC) resolved to enter a joint consultation to consider the proposed land exchange” and other matters. He omits the fact that the CCC had earlier received a proposal from the CDHB to exchange Hagley Park land for CDHB land, to facilitate the redevelopment of Christchurch hospital. [7] Furthermore, Mr Bywater omits the fact that on 10 December 2009, the Council resolved not to adopt the Special Consultative Procedure for the public consultation. This was despite the fact that the Council had already acknowledged that the land transfer decision it was required to make was “significant‖, in terms of the CCC Policy on Significance. [8] In Paragraph 3: Mr Bywater states that ―a joint CDHB/CCC hearing panel was formed.” The panel comprised five Christchurch City councillors and five elected CDHB members, who were to consider written and oral submissions from the public, and make a recommendation to the Council for