Nelson Mail

Broke Brook group pleads for survival

- Skara Bohny skara.bohny@stuff.co.nz

The Brook Valley Community Group is asking the Nelson City Council not to liquidate it to recover court costs because it has no money, and wants to continue representi­ng residents.

In a public submission to the council’s audit, risk and finance committee, the group’s lawyer Sue Grey said the group admitted it could not pay its court costs from its failed opposition to the Brook Waimarama Sanctuary poison drop. But she said disbanding the group would not see the council gain any money as it had a ‘‘balance of something like $27.13 in the bank’’.

‘‘Whether it’s liquidated or not, it’s got no money,’’ she said.

‘‘The issue is whether the council should support the continued existence of the Brook Valley Community Group, Incorporat­ed, so it can represent the views of that part of Nelson in the Brook Valley.’’

Group member Christophe­r St Johanser said in a public Facebook post that even if the society was liquidated, its members could not be prevented from being an informal group.

The council is seeking to liquidate the community group to recover $37,375.68 in court costs. It was awarded the sum after the group took their opposition to a 2017 brodifacou­m poison drop in the sanctuary to the High Court, the Court of Appeal, and the Supreme Court in years-long litigation processes.

Nelson City Council group manager of corporate services Nikki Harrison said the council had incurred costs over $100,000 responding to the Brook Valley Community Group legal action, and had applied for the group to be liquidated as a last chance to recover what had been awarded to them.

‘‘This is in response to the group’s refusal to pay the sum of $37,375.68 that was awarded to the council by the High Court, Court of Appeal and Supreme Court during the period of 2017 to 2019,’’ she said in a statement.

‘‘It is in the Nelson ratepayer’s best interests to take all available steps to seek to recover the costs awarded to [the council]. Following refusal by the group to respond to council’s requests for payment, the only remaining option for council is to apply for liquidatio­n of the group under the Incorporat­ed Societies Act 1908, and this has been done.’’

The courts ultimately awarded court costs to the city council, the sanctuary, and the Minister for the Environmen­t totalling more than $70,000.

Grey said the group had made no secret of its finances or lack thereof throughout the legal proceeding­s.

‘‘The court recognised throughout the proceeding­s firstly that the Brook Valley Community Group didn’t have money, and gave waivers on all the filing fees and the like, and the Court of Appeal gave a discount on the security of the costs ... in recognitio­n that access to justice should prevail over financial affluence.’’

She also said that the council itself had voluntaril­y joined in the legal proceeding­s, as the group had not initially taken any action against it.

‘‘The Brook Valley Community Group didn’t take legal action against the council, but it did give informatio­n about those proceeding­s to the council, and the council chose to join those proceeding­s and the Brook Valley Community Group consented to that because [it] recognised that the council had an interest representi­ng the community.’’

Grey said the group performed an important role representi­ng members of the community on many issues of public interest, including making submission­s to council annual plan proceeding­s, representi­ng Brook Motor Camp residents faced with eviction, and giving critical feedback on various plans for recreation areas.

‘‘Does this community have an opportunit­y to have its representa­tion the way it’s been done in the past, or will that be squashed and they will be disengaged from the council processes?

‘‘In my submission it is a matter of law the council’s got an obligation to promote the community’s future engagement, and just as a matter of equity and justice and community well being the council similarly has that obligation.’’

On the group’s public Facebook page St Johanser said he expected to know the outcome of the committee’s private debate by February 27.

‘‘Either the High Court proceeding continues or it does not, and we shall know that, of necessity, quite soon.’’

He said the ‘‘very worst’’ the High Court could do would be to order the dissolutio­n of the incorporat­ed society.

 ?? BRADEN FASTIER/ STUFF ?? The poison drop took place in 2017, but the court proceeding­s levied by the Brook Valley Community Group were only resolved in late 2019.
BRADEN FASTIER/ STUFF The poison drop took place in 2017, but the court proceeding­s levied by the Brook Valley Community Group were only resolved in late 2019.
 ??  ??

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