Mount Wellington Cable Car Proposal Q&A

Published on 05 November 2018

Following the release of legal advice concerning owner consent and the Mount Wellington Cable Car proposal, the below questions and answer seek to provide some guidance and context around the advice and the impact on the proposal.

Why was more legal advice obtained by the general manager in relation to ‘owner consent’ under the Land Use Planning and Approvals Act?

The advice was obtained to ensure the General Manager correctly applied the Cable Car (kunanyi / Mount Wellington) Facilitation Act 2017 provisions. It is important that when the Mount Wellington Cable Car company lodges an application for a planning permit for the cable car proposal that it is properly considered by the Council as the planning authority. It is good governance to always review your process.

What does ‘owner consent’ mean?

Section 52(1)(B) of the Land Use Planning and Approvals Act 1993 states that if a person lodges an application for a planning permit over land owned or administered by a council, the application must be signed by the general manager of the council and be accompanied by the written permission of that general manager to the making of the application. In the absence of this consent, the application for the permit is not valid.

Does the Cable Car (kunanyi / Mount Wellington) Facilitation Act 2017 change the ‘owner consent’ process?

Yes it does.

The legal advice received by the General Manager states that the effect of section 4 of the Cable Car (kunanyi / Mount Wellington) Facilitation Act is to override s.52(1B) of the Land Use Planning and Approvals Act 1993 in relation to a cable car project.

The effect of the provision is that all or any part of the cable car project, whether or not it is proposed to be undertaken within or without Wellington Park, does not require the written consent of the General Manager to the application as provided for in section 52(1B). 

What is notable about the drafting of section 4 is that it applies to the project as a whole, rather than just the land upon which the project is proposed to be undertaken.

Does the legal advice impact on the decision taken by the Council on 20 August 2018 to not allow the MWCC access to its land?

No it does not. 

The Council decision in August is separate and totally unrelated to the ‘owner consent’ issues discussed above.

The Council, as the landowner, is entitled to make decisions about its own land. In this regard, Council’s position is no different to that of a private property owner.