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Briefing/Submission on Central Plain Water Trust

Media Briefing: Malvern Hills Protection Society Subject: Supplementary item CCC meeting 13 Dec: Central Plains Water Trust Issues


Copied below, submission on behalf of our client Malvern Hills Protection Society to the Christchurch City Council.

This outlines what our client believes is strong justification for CCC elected members to request Council staff commission an independent enquiry into issues it has raised in respect of CPW.

Of the 4 attachments we would direct you to: pdf (20071212122105310), a letter prepared by Michael E Parker, Barrister & Solicitor representing the Society in respect of this matter. This was sent last night to the Councils CEO Tony Marryatt.

Note: The other three attachment are provided as background.



Supplementary Item for Christchurch City Council meeting 13 Dec from Malvern Hills Protection Society

Subject: Agenda item 5. Central Plains Water Trust Issues

To: Mayor Bob Parker & Councillors CCC


We are submitting on behalf of our client Malvern Hills Protection Society, this communication with supporting attachments, to be included as an important supplementary item in respect of today's Councils meeting agenda item 5. Central Plains Water Trust Issues.

Our client understands this request is justified, for ensuring elected members comply with their Statutory and Related Legal Requirements in respect of receiving, considering and any decision making in respect of the Christchurch City Council reporting of Malvern Hills Protection Society's deputation made on 7 November 2007.

On the 7 November 2007 the Council received a deputation from Malvern Hills Protection Society and granted speaking rights. We attach the Society's submission and their legal advisers memorandum as background.

The Society is now seeking to have included, as a matter of some importance, their response to the Councils report on its deputation being tabled at today's meeting.

Their concerns are documented in the attached pdf (20071212122105310), a letter prepared by Michael E Parker, Barrister & Solicitor representing the Society in respect of this matter. This was sent last night to the Councils CEO Tony Marryatt.

The essence of the Society's latest concerns is that the Councils report prepared in reply to its deputation made on the 7 November 2007, is not only incomplete and fails to address the issues raised by the Society but contains inconsistencies and contradictions as documented in Mr Parkers letter to the Councils CEO.

With this in mind, Malvern Hills Protection Society believes there is strong justification for the elected members to request that the Council staff commission an independent enquiry into issues it has raised. That such an enquiry will ensure the Councils statutory and legal obligations are being met in respect of:

* Objectives of the CPWT deed;

* Memorandum of Agreement 2004 between CPWT and CPWL;

* Conditions approved for the third party loan as recorded in the Council minutes for the meetings June 5-7 2007;

* Ratepayer expectation relating to Council stated aims and objectives promoted when the CPWT was established.

Further, that if the Council is in agreement that there are grounds for an independent enquiry then it also considers any obligations it may have as a co-settlor (with Selwyn District Council) of the CPWT that may warrant an adjournment of the forthcoming resource consent hearing until such time as the abovementioned enquiry has been completed and the results of it reported to council and made public.

The Society acknowledges that there may be difficulties for the Council to consider this matter fully at today's meeting and respectfully suggest that it might be appropriate for an 'extraordinary meeting' to be convened, prior to the 24 December.

We wish to advise that representatives of Malvern Hills Protection Society will be in attendance at today's meeting and available to address the Council if requested.


David Lynch
Momentus Public Relations Ltd


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