A government ombudsman is investigating the community consultation process which lead to the sale of the Zespri block in Mount Maunganui.

The ombudsman‘s office was contacted by resident Stephen Bird, who wants Tauranga City Council to delay the sale until the ombudsman has a chance to investigate whether the council met its obligations when seeking the community view.

Stephen Bird has taken his complaint to the Ombudsman. Photo: Andrew Campbell.

'As I went through the consultation process, it became clear that not all of the information that was needed for a meaningful consultation was provided,” says Stephen of the 1.5 hectare site on Maungnaui Road

'There were other reasons for undertaking the review that were not disclosed.”

He asked the council to release the information it withheld regarding the amount of council debt expected to be removed, which was given as the reason for the sale.

After a local government official information act request was refused, he made a formal complaint.

'They had a report that said this was the highest and best use for the land,” says Stephen, 'so I asked them what effect it would have on rates and debt reduction. I would like to see that.

'They are earning a certain amount of money off that land and it is generating income.”

The council, however, turned down his request, saying the information was confidential because they were going to sell the land.

The Ombudsman has now assessed the complaint, and agreed that there is substance to it. An investigating officer has since been allocated to look into the matter.

'When council ultimately rejected the views of over 80 per cent of the submitters and decided to sell this land, I felt that I had just taken an unwitting role in some kind of stage-managed performance,” says Stephen.

'The whole process seemed false – it seemed to me that council had not met its obligations to honestly consult with the community.”

Stephen was among 196 submitters on the sale process, most of whom were opposed to the council's plan to sell the land.

'Like many people in this community, I'd expect our council to run an open and honest process when asking for our views,” says Stephen.

'At the very least, I'd hope that council would meet its obligations under the Local Government Act.

'All I am asking is that council delay making any decisions on the land sale until the Ombudsman has had a chance to investigate and rule on whether council has met its obligations when seeking the community's view.”

The land, at 384-410 Maunganui Road, includes the former Mount Maunganui Borough Council offices, the Mount Maunganui library, and the Plunket day care centre. The former council offices are leased by Zespri, which has expressed a wish to expand.

The council placed around 8,100m2 of the 1.5 hectare site on the market following a public submissions process. The land is for sale by private treaty via marketing agents are Bayleys Tauranga.

The sale process, which closed at 4pm today, is the result of Zespri approaching council in September 2014 seeking some of the green space at the southern end of the block for temporary office space.

Zespri's Mount Maunganui offices are over-capacity and they need temporary office accommodation while they work on a longer-term solution, a spokesman said at the time.

Tauranga City Council then sought public opinion before deciding to sell only part of the block and keep the library and day care centre.

The decision also keeps 3,500m2 of land for greenspace, but that may be moved up next to the library.

The height restriction is 12 metres, or about four stories, which councillors agreed in June would be best kept to the north of the building to avoid excessive shading.

The council has gone to the open market because that is council practice, says Mayor Stuart Crosby.

The city council says it is assisting the Ombudsman with its investigation, providing background information along with copies of correspondence they have had with the person who complained.