Legal opinion on reserve land sale plan costs taxpayers $22k

New Plymouth’s council has spent $22,000 of ratepayers’ money on legal advice over a proposed reserved land sale - but won’t say what guidance it received for the cash.

The district council has proposed selling off the Peringa Park Recreation Reserve, which includes part of the publiclyowned 18-hole Fitzroy golf course, for luxury housing.

But, before the land can be sold the council would need to apply to the Ministry of Conservation to revoke the status of the land - an application that might be turned down.

Also, the golf club, which leases the land from the council, believes it has the right to renew its lease for another 21 years.

So far NPDC has spent $22,062 on getting a legal opinion on both revoking the status and the lease issue, but won’t reveal the advice it was given.

If the proposal to sell the land goes through the council is expected to reap $35m, with part of the proceeds being used to fund ‘‘flagship’’ development projects.

The other half would go towards long-term land redevelopment that would generate cash for future flagship projects

The land in question is about 16 per cent of the green space in that part of New Plymouth.

In answer to questions The Taranaki Daily News asked under the Official Information Act (OIA), the council said it has received one external legal opinion in relation to the reserve status of Peringa Park Recreation Reserve and Fitzroy Golf Club’s right to renew its lease.

‘‘The council has also received verbal advice from Simpson Grierson at a Council workshop on 9 March 2018.’’

Subsequently, NPDC has been billed $3223.89 and $18,839 by the law firm.

The Daily News asked for the legal opinion under the OIA, but the council redacted the information.

‘‘While initially the council indicated that the opinion may be released, owing to the probability of legal action being taken, the council asserts its right to legal professional privilege,’’ the reply said.

The council said it did not seek advice from its own internal consultants.

However, in 2012 an in-house consultant did prepare an outline for revoking the status of the reserved land and the issue around the lease, and this was forwarded to the Daily News.

It is the findings in this document that are giving the golf club hope it can renew its lease, Club president Mike Earley said.

‘‘We still believe we have the right of renewal for 21 years as stated in this report.’’

However, the council said that some of the information ‘‘may be may be out-of-date. Some of the information may not be correct as it has not been subject to a full legal review’’.

The golf club held an extraordinary meeting for club members on Thursday night.

Club secretary John Masters said it lasted 30 minutes and members were unanimous un their view the club should fight to retain its course.

The club had put in a submission to the council’s 10 year plan, he said.

‘‘And we need to encourage as many people as possible to put in submissions.

‘‘We’ve warned people that people have discovered the document wording is a bit clouded and they can inadvertently agree to the sale of the reserve land without knowing they had done so,’’ Masters added.