Media Statement 17 May 2007

Commissioners adopt the Property Council’s existing use and property rights argument

Auckland City Council’s draft signs and billboards by-laws will not proceed if the Council endorsed the recommendation of its own commissioners. That recommendation fully complies with the submission and arguments presented by the Property Council of New Zealand.

Connal Townsend, the Chief Executive of the Property Council of New Zealand, presented legal arguments, which contended that the proposed ban, if implemented without amendment, would be exposed to legal challenge.

“The commissioner’s recommendation that all existing, and legally established billboards should be allowed to remain in place reflects the legal and policy arguments presented by the Property Council. The Local Government Act 2002 does not give Auckland City Council to power to override existing use rights. Both existing use rights and property rights are protected under common law.

“Having now received around 1,700 written submissions and heard around 500 submissions, the commissioners will be keenly aware of the legal restrictions that prevent a territorial authority from confiscating existing use and property rights. It is now time for the Auckland City Council to ratify the commissioner’s recommendation.

“The Property Council, like so many other affected stakeholders, has consistently said that the Auckland City Council needed to work constructive with the outdoor advertising and signage industry. The offer to work in partnership still stands,” Connal Townsend said.

The Property Council represents members who have a major stake in commercial property throughout Auckland City. The Property Council’s members stood to lose out to the tune of $120 million (the estimated loss of equity if the by-laws are implemented without amendment) if the Auckland City Council continues to try and implement its illegal by-laws.

“As an organisation that is strongly committed to good urban design, the Property Council supports improving the visual amenity of Auckland City. However, good urban design should be achieved through legal and constitutional means, not the confiscation of existing use rights,” Connal Townsend said.

End.

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