Unnecessary removal of the duck pond(Aotea Lagoon) and refusal to fence off a cliff top at Titahi Bay for safetyerrace Roadnnnn

D Dahya made this Official Information request to Porirua City Council

Response to this request is long overdue. By law Porirua City Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: D Dahya

Dear Porirua City Council,

Please refer to my LTP submission(opposing the redevelopment of the duck pond at Aotea Lagoon & a fencing issue relating to Terrace Road cliff top) sent to the council on 30/4/21 to which you still have not responded to my questions.

Longterm Plan Submission 2021 -(Aotea Lagoon –duck pond & Terrace Road car park fencing)

1.Aotea Lagoon – Duck pond:

Firstly, the Porirua City Council should not go ahead with the planned redevelopment but, restore the duck pond to its original state instead -providing a suitable and nurturing environment for the ducks and to allow an age old Kiwi tradition of feeding the ducks to continue on for the upcoming generations- especially in the current climate of ‘the changing face of NZ’.

I have sent a letter to the council 3 years ago on this matter also- and still nothing has been done with the area since then- the only action taken was to put up signs advising the public not to feed bread to the ducks- the cheapest option. My advice at the time was to stop bread being fed to the ducks, to clean out the pond,to increase the water level(to prevent/minimise overheating of water and algae growth), to introduce water circulation/aeration.

Not being an expert in this area I believe it provided a good starting point for discussions on how to save the duck pond but again nothing was done about it- the neglect continued.

3+ years later - In response to the KPMN(Kapi Mana News) story this year the council advised they will now ‘vow’ to clean up the duck pond- a misleading statement- as it implies you did not cause the problem,it has only just come to your attention now,and what you meant was to redevelope it - only this year presenting your intention initially by posters attached to the fencing surrounding the duck pond- this was the first notification to the public without prior consultation.

In 2020,regarding the council’s online poll/survey asking residents whether the area should be redeveloped - the result was about 73% advised against it.
Last year I recall the council stating this year in the KPMN that the duck pond had become ‘unsustainable’- again, misleading- as it implies the situation just happened & the council weren’t aware of any tell-tale signs of it’s deteriorating condition- ignoring the fact that it had become unsustainable due to one reason only - ongoing and purposeful(?) neglect by the council.

The council in the last 4 years have spent considerable money redeveloping/ ‘improving’ areas outside of the pond ie repaved the pathway around the lagoon(unsure why as it was damaged or unsafe), the splash pad, retaining walls at south end of lagoon including the soil -again, unsure why, the railway tracks, and the pier and 2 deck areas were removed but not replaced.

Was replacing the footpath around the lagoon really necessary - it wasn't damaged nor had it presented itself as a safety hazard?

As for the retaining wall, only a part of it was rebuilt, again,for what reason and why only a small portion or it leaving 3 different designs - old and new with varying levels of height and width?

The new section being narrower/lower cannot be used for seating unlike the previous design - being more practical- much needed as there are only 4 seating bays for a total of 8 people in that area. This particular 'improvement' was incomplete, inconsistent and lacked foresight.

The council 'determined the fate of the duck pond by knowingly neglecting it over time knowing that it would reach the 'not cost effective to restore it' point ie 'unsustainable'.

POINTS:
1.The council have continually neglected the upkeep of the duck pond and the current poor state of it is due to one reason -neglect by the council

2.The council have known of the issue for some time and the current poor state of it is due to one reason - the ongoing neglect of its upkeep and maintenance.

I have noticed the water level has not been increased, cleaned out etc in the last 3 years(or the last 10) -despite the future of it being on hold’ due to the ‘planned’ redevelopment- this would only serve to exacerbate the poor state of it- and, in turn, justifying the redevelopment of it.

3. The ducks have only recently returned to rehabit the area -I saw the first duck last November after an absence of atleast 18 months - they initially /gradually disappeared due to the deteriorating condition of the pond.

4. No one from the council had responded to publication of the issue in the January KPMN this year nor in the Neighbourly website post this year and it is surprising that the councillors have expressed no interest in supporting the restoration of it which means that they support the removal of it.

5. The current hazard presented by the poor state of the pond (and all other associated problems) is solely due(and has always been) the council’s intentional neglect of the pond- now justifying replacement of it.

REFERENCE(publications/links):

1. Refer to the KPMN article on the 26/1/21 - 'Porirua's Aotea Lagoon: Home to the pond where ducks dare not dive Public' - which mentions the algae infested waters just metres from the children's splash pad - https://www.neighbourly.co.nz/message/vi...

2. The 17/3/20 KPMN story on the council is calling for public feedback on the future of the lagoon and have not made any 'pre-determined plans' - yet you have already determined that the duck pond has become 'unsustainable' and therefore determined its fate.

3. Here is a story highlighting the same problem to the council in 2011
https://www.neighbourly.co.nz/c/2YdEeMNf...

QUESTIONS:
My questions to the council are;

1. Would ignoring the issues to maintain and repair the duck pond after all these years lead to and promote algae growth - depleting oxygen from the water- and subsequently causing a lethal and toxic environment to dogs?

Ironically, the same 26/1/21 KPMN issue featuring the duck pond article also contains an article highlighting increases in algae growth in Wellington rivers.

2. What was the reason for not building the splash pad over the duck pond- initial plans were to build over the duck pond but then was relocated to the adjacent grassy area?

3. Why is it that whenever a new mayor is elected focus on redeveloping areas within Aotea Lagoon arise?

4. Why didn't the council 'vow' to fix the duck pond when it was needed over 3 years ago, when it was brought to their attention, when they didn't have a wage subsidy to repay?

5. When did council first become aware of the stench/hazard issues with the duck pond?

6. What have they done since then to address it?

7. When did the council decide to redevelope the duck pond?

8. At what stage was the public initially consulted and notified of the intended proposed redevelopment?

9. Has the council kept us fully informed of the proposed development?

10. What was the result of the council’s online poll/survey last year on whether the pond area should be redeveloped?

11. Why would the council decide to redevelop the pond just after the re-establishment of the duck population after a long absence due to the neglect of the pond?

12. The council has not considered what happens to the ducks if the duck pond is redeveloped over - does the council know what the results of removing their habitat would be?

13. Has the council considered, before deciding to redevelope the duck pond, what will happen to the recently re-established duck population if it is redeveloped over –in other words- have they considered the results of removing their existing habitat?

This year I witnessed on two consecutive days in Tawa - a family of ducks walking across the main road (in the centre of town) and then again the next day, at a Roy Street intersection, walking through residential driveways -unsure if it was same family of ducks, unlikely, as there was a significant difference in numbers on both occasions -there were less on the second occasion.

14. What has the council done to retain the Kiwi elements of NZ and how have they shown they value custom and history - or are they just interested vote gathering projects?

15. What would be more costly - the restoration of the duck pond or a complete redevelopment of that area?

Even if restoration is costlier- it is due to the council’s intentional longterm neglect of it that has led to the current state of the pond- and so because of this inaction-it becomes their sole responsibility to ‘fix it’.

Solution:
- The solution is, and has always been, for the council to stop neglecting the duck pond and to clean it up and not spend excessive money on redeveloping it into something else. Surely if the council is able to afford redeveloping the entire pond area they can afford to restore it- at a lower or same cost?

Lastly, the council has been aware of the issue for some time - as far back as 2011 and more recently since 2017 when I first raised it with the council- but refused to do anything about it and now you say that it has become ‘unsustainable’ and you will vow to ‘clean it up’ - meaning you will redevelop over it - rather than just clean it up.

You have allowed the problems to grow and fester - allowing for toxic algae, stench, unsightly debris in the pond, unhealthy pond water with no aeration or circulation - the existing problems with the duck pond is soley due to the councils neglect of it over the years and the resulting in a costly ‘bill’.

I ask the council to do the right thing and ‘fix what you have broke’!

2. Titahi Bay – Terrace Road car park -fencing:

On another point, regarding the lack of fencing on the cliff edge of the Terrace Road car park -I have already been dealing with the Manager of Parks - J Emeny from the Council on this issue who has advised that the decision has been made not to put up fencing.

In response, I have only 3 questions to ask;

1. Has there ever been a tragedy(or loss of life) involving that area of the cliff top/ due to lack of fencing?

2. What is the reason for having fencing around the duck pond at Aotea lagoon?

3. What is the reason for NOT having fencing on the cliff top at Terrace Road car park?

I ask the council not to park the ambulance at the bottom of the cliff but to build the fence at the top of it instead and, in this case, literally!

Yours faithfully,

D Dahya

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Link to this

From: Records Management
Porirua City Council


Attachment image001.png
2K Download

Attachment OIA Acknowledgement Request Duck Pond at Aotea Lagoon a Fencing Issue relating to Terrace Road Cliff Top 2021 07 06 09.22.pdf
92K Download View as HTML


Kia Ora D

 

Thank you for your Official Information request below.

 

Please find attached our Acknowledgement letter.

 

Ngā mihi,

Marcella Ropu
Records & Scanning Officer

Kaiārahi Pūkete me te Karapa

[1]Email Sig1 resized

From: [2][FOI #15976 email]

Sent: Monday, July 5, 2021 5:55 PM

To: [3][Porirua City Council request email]

Subject: [EXTERNAL] Official Information request - Unnecessary removal of
the duck pond(Aotea Lagoon) and refusal to fence off a cliff top at Titahi
Bay for safetyerrace Roadnnnn

--------------------------------------------------------------------------

Dear Porirua City Council,

Please refer to my LTP submission(opposing the redevelopment of the duck
pond at Aotea Lagoon & a fencing issue relating to Terrace Road cliff top)
sent to the council on 30/4/21 to which you still have not responded to my
questions.

Longterm Plan Submission 2021 -(Aotea Lagoon –duck pond & Terrace Road car
park fencing)

1.Aotea Lagoon – Duck pond:

Firstly, the Porirua City Council should not go ahead with the planned
redevelopment but, restore the duck pond to its original state instead
-providing a suitable and nurturing environment for the ducks and to allow
an age old Kiwi tradition of feeding the ducks to continue on for the
upcoming generations- especially in the current climate of ‘the changing
face of NZ’.

I have sent a letter to the council 3 years ago on this matter also- and
still nothing has been done with the area since then- the only action
taken was to put up signs advising the public not to feed bread to the
ducks- the cheapest option. My advice at the time was to stop bread being
fed to the ducks, to clean out the pond,to increase the water level(to
prevent/minimise overheating of water and algae growth), to introduce
water circulation/aeration.

Not being an expert in this area I believe it provided a good starting
point for discussions on how to save the duck pond but again nothing was
done about it- the neglect continued.

3+ years later - In response to the KPMN(Kapi Mana News) story this year
the council advised they will now ‘vow’ to clean up the duck pond- a
misleading statement- as it implies you did not cause the problem,it has
only just come to your attention now,and what you meant was to redevelope
it - only this year presenting your intention initially by posters
attached to the fencing surrounding the duck pond- this was the first
notification to the public without prior consultation.

In 2020,regarding the council’s online poll/survey asking residents
whether the area should be redeveloped - the result was about 73% advised
against it.
Last year I recall the council stating this year in the KPMN that the duck
pond had become ‘unsustainable’- again, misleading- as it implies the
situation just happened & the council weren’t aware of any tell-tale signs
of it’s deteriorating condition- ignoring the fact that it had become
unsustainable due to one reason only - ongoing and purposeful(?) neglect
by the council.

The council in the last 4 years have spent considerable money
redeveloping/ ‘improving’ areas outside of the pond ie repaved the pathway
around the lagoon(unsure why as it was damaged or unsafe), the splash pad,
retaining walls at south end of lagoon including the soil -again, unsure
why, the railway tracks, and the pier and 2 deck areas were removed but
not replaced.

Was replacing the footpath around the lagoon really necessary - it wasn't
damaged nor had it presented itself as a safety hazard?

As for the retaining wall, only a part of it was rebuilt, again,for what
reason and why only a small portion or it leaving 3 different designs -
old and new with varying levels of height and width?

The new section being narrower/lower cannot be used for seating unlike the
previous design - being more practical- much needed as there are only 4
seating bays for a total of 8 people in that area. This particular
'improvement' was incomplete, inconsistent and lacked foresight.

The council 'determined the fate of the duck pond by knowingly neglecting
it over time knowing that it would reach the 'not cost effective to
restore it' point ie 'unsustainable'.

POINTS:
1.The council have continually neglected the upkeep of the duck pond and
the current poor state of it is due to one reason -neglect by the council

2.The council have known of the issue for some time and the current poor
state of it is due to one reason - the ongoing neglect of its upkeep and
maintenance.

I have noticed the water level has not been increased, cleaned out etc in
the last 3 years(or the last 10) -despite the future of it being on hold’
due to the ‘planned’ redevelopment- this would only serve to exacerbate
the poor state of it- and, in turn, justifying the redevelopment of it.

3. The ducks have only recently returned to rehabit the area -I saw the
first duck last November after an absence of atleast 18 months - they
initially /gradually disappeared due to the deteriorating condition of the
pond.

4. No one from the council had responded to publication of the issue in
the January KPMN this year nor in the Neighbourly website post this year
and it is surprising that the councillors have expressed no interest in
supporting the restoration of it which means that they support the removal
of it.

5. The current hazard presented by the poor state of the pond (and all
other associated problems) is solely due(and has always been) the
council’s intentional neglect of the pond- now justifying replacement of
it.

REFERENCE(publications/links):

1. Refer to the KPMN article on the 26/1/21 - 'Porirua's Aotea Lagoon:
Home to the pond where ducks dare not dive Public' - which mentions the
algae infested waters just metres from the children's splash pad -
[4]https://www.neighbourly.co.nz/message/vi...

2. The 17/3/20 KPMN story on the council is calling for public feedback on
the future of the lagoon and have not made any 'pre-determined plans' -
yet you have already determined that the duck pond has become
'unsustainable' and therefore determined its fate.

3. Here is a story highlighting the same problem to the council in 2011
[5]https://www.neighbourly.co.nz/c/2YdEeMNf...

QUESTIONS:
My questions to the council are;

1. Would ignoring the issues to maintain and repair the duck pond after
all these years lead to and promote algae growth - depleting oxygen from
the water- and subsequently causing a lethal and toxic environment to
dogs?

Ironically, the same 26/1/21 KPMN issue featuring the duck pond article
also contains an article highlighting increases in algae growth in
Wellington rivers.

2. What was the reason for not building the splash pad over the duck pond-
initial plans were to build over the duck pond but then was relocated to
the adjacent grassy area?

3. Why is it that whenever a new mayor is elected focus on redeveloping
areas within Aotea Lagoon arise?

4. Why didn't the council 'vow' to fix the duck pond when it was needed
over 3 years ago, when it was brought to their attention, when they didn't
have a wage subsidy to repay?

5. When did council first become aware of the stench/hazard issues with
the duck pond?

6. What have they done since then to address it?

7. When did the council decide to redevelope the duck pond?

8. At what stage was the public initially consulted and notified of the
intended proposed redevelopment?

9. Has the council kept us fully informed of the proposed development?

10. What was the result of the council’s online poll/survey last year on
whether the pond area should be redeveloped?

11. Why would the council decide to redevelop the pond just after the
re-establishment of the duck population after a long absence due to the
neglect of the pond?

12. The council has not considered what happens to the ducks if the duck
pond is redeveloped over - does the council know what the results of
removing their habitat would be?

13. Has the council considered, before deciding to redevelope the duck
pond, what will happen to the recently re-established duck population if
it is redeveloped over –in other words- have they considered the results
of removing their existing habitat?

This year I witnessed on two consecutive days in Tawa - a family of ducks
walking across the main road (in the centre of town) and then again the
next day, at a Roy Street intersection, walking through residential
driveways -unsure if it was same family of ducks, unlikely, as there was a
significant difference in numbers on both occasions -there were less on
the second occasion.

14. What has the council done to retain the Kiwi elements of NZ and how
have they shown they value custom and history - or are they just
interested vote gathering projects?

15. What would be more costly - the restoration of the duck pond or a
complete redevelopment of that area?

Even if restoration is costlier- it is due to the council’s intentional
longterm neglect of it that has led to the current state of the pond- and
so because of this inaction-it becomes their sole responsibility to ‘fix
it’.

Solution:
- The solution is, and has always been, for the council to stop neglecting
the duck pond and to clean it up and not spend excessive money on
redeveloping it into something else. Surely if the council is able to
afford redeveloping the entire pond area they can afford to restore it- at
a lower or same cost?

Lastly, the council has been aware of the issue for some time - as far
back as 2011 and more recently since 2017 when I first raised it with the
council- but refused to do anything about it and now you say that it has
become ‘unsustainable’ and you will vow to ‘clean it up’ - meaning you
will redevelop over it - rather than just clean it up.

You have allowed the problems to grow and fester - allowing for toxic
algae, stench, unsightly debris in the pond, unhealthy pond water with no
aeration or circulation - the existing problems with the duck pond is
soley due to the councils neglect of it over the years and the resulting
in a costly ‘bill’.

I ask the council to do the right thing and ‘fix what you have broke’!

2. Titahi Bay – Terrace Road car park -fencing:

On another point, regarding the lack of fencing on the cliff edge of the
Terrace Road car park -I have already been dealing with the Manager of
Parks - J Emeny from the Council on this issue who has advised that the
decision has been made not to put up fencing.

In response, I have only 3 questions to ask;

1. Has there ever been a tragedy(or loss of life) involving that area of
the cliff top/ due to lack of fencing?

2. What is the reason for having fencing around the duck pond at Aotea
lagoon?

3. What is the reason for NOT having fencing on the cliff top at Terrace
Road car park?

I ask the council not to park the ambulance at the bottom of the cliff but
to build the fence at the top of it instead and, in this case, literally!

Yours faithfully,

D Dahya

-------------------------------------------------------------------

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Link to this

From: Moana Wyatt
Porirua City Council


Attachment image003.png
4K Download

Attachment OIA 21 101.pdf
1.2M Download View as HTML


Kia ora David

Please find attached a reply to your recent Local Government Official
Information and Meetings Act request regarding Aotea Lagoon and fencing at
Terrace Road car park.

 

Ngā mihi,

Moana Wyatt
Principal Advisor (Information)

Kaitohutohu Matua (Pārongo)

 

Tel: 04 237 1411 I [mobile number]
[1]poriruacity.govt.nz

 

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