Court case brewing over $20k invoice
A mayoral candidate is taking the council he hopes to lead to court over an unpaid invoice of $20,000.
Waitara’s Bill Simpson has filed documents in court alleging the New Plymouth District Council (NPDC), surveyor Allen Juffermans and property developers Richard Dreaver and Sharon Masters breached a 2013 mediation agreement, where they agreed to pay for a cultural impact report related to a Waitara subdivision.
In 2014, Simpson lodged the report and then tried to charge the NPDC $20,000 but he was never paid.
As well as standing for mayor in the October local body election, Simpson is seeking election onto a North Ward council seat. He is also seeking re-election onto the Waitara community board.
The stand-off first began after the NPDC approved a plan change to rezone a rural area on Waitara’s Armstrong Avenue to residential, which gave the green-light for a subdivision, created by Richard Dreaver and Sharon Masters, to go ahead.
An appeal in the Environment Court was lodged against this decision by seven people, including Simpson.
A mediation between the parties was held in October 2013 and part of the agreement was for a cultural evaluation report to be paid for by the council and those con- nected to the development. The agreement outlined that the report would focus on the Tangaroa Stream, which runs through the subdivision between Armstrong Ave and Waitara High School, and was to be prepared by Te Kaunihera Kaumatua O Te Atiawa Nui Tonu.
In January 2014, Simpson lodged his report with the NPDC, along with invoices, which were in the name of his company Hinengaro Tapui Limited.
But, in a letter sent to the Te Kaunihera Kaumatua O Te Atiawa Nui Tonu in March 2014, council boss Barbara McKerrow said it would not be paying up.
In a stinging critique of Simpson’s report, McKerrow said the report was essentially a copy of an archaeological report the council had paid for, a photocopy of another document and a collection of newspaper clippings.
She said there was no original writing or analysis, no recommendations and no endorsement from either mana whenua or members of the kaumatua council.
But in the court documents, filed on August 2 in the New Plymouth District Court, Simpson disputed that position.
‘‘The plaintiff is the secretary of Te Kaunihera and was asked to prepare the report on behalf of Te Kaunihera. He was therefore acting on behalf of Te Kaunihera, not ‘‘purporting to act’’ as stated by the council,’’ he said.
Simpson said the decision to pursue payment of the invoice took longer than anticipated to make, but it was based on a matter of legal principle rather than because of any personal gripe.
‘‘If you have an agreement, you must pay the bill,’’ he said.
He said if a court ruling was made in his favour, the money would be given to Te Kaunihera Kaumatua O Te Atiawa Nui Tonu and he would not financially benefit. Along with the $20,000, Simpson is also seeking interest on that sum plus court costs.
McKerrow said the council had taken legal advice on the matter and intended to apply to the court to ‘‘strike out’’ Simpson’s claim.
‘‘As the matter is now before the court it is inappropriate for the council to comment further,’’ she said.