28.12.15

Mr Stephen Town, Chief Executive,

Auckland Council.

Dear Mr Town,   Enquiry re delegations and powers of the AC Property CCO

As I understand it, ACP Ltd was established “to ensure an appropriate return on Auckland Council commercial property.” This was the only type of Council property in the company’s purview.

It was clearly stated that these were the “non-service property assets” of the Council and it was expressly stated also that the Council was to have an “in-house property department to manage its property being used for Council services, including parks, community facilities… social housing and office accommodation” and assets relating to its core services.

Therefore could you please advise me under what authority the Council has now re-classified these core services and placed such things as open space, parks, reserves and some council buildings in effect as commercial property to be handed over to the Property CCO as surplus and to be sold off through the CCO?

Could you also please advise me, where the same CCO draws its authority from to take control of and sell such non-commercial property? Is it not ultra vires?

I would like to see any professional legal advice on this matter as well as being informed please of any resolutions of Council and the CCO purporting to legalise these actions.

Thank you for your assistance.