WMUA - Wed 19 July 7:30pm PCC

[ex Elly 197]

Westhaven Marina User's Association are having their AGM next week.

Come along and get free food and beer!

 

[ex Elly 197]

Chairman’s report. Financial Year ended March 31st 2023

Welcome to yet another prelude to our Annual General Meeting as we summarise the year just gone.

Panuku called their first meeting of BEU holders, on the afternoon of the Melbourne Cup, to vote upon their proposed changes to the existing BEU agreements. These changes were introduced to legitimise Panuku’s earlier practicing ‘activities’, over the prior 10 years, which had been specifically excluded, from the original agreements.

Both the Existing Trust and the Extension Trust members eventually voted to adopt the changes to the agreements. We have had no information as to who will bear the legal costs for this adventure. I guess we have to wait until the accounts are released.

We have been astounded at the removal of haul out facilities at the old Pier 21 plus the Council driven closure of the Landing, at Orakei. Also, the rapid adoption of Plan Change 71 which removes any requirement for parking at any place in the whole of Auckland. What was really astounding was the approval of residential construction, at sea level, at Bayswater, at the base of cliffs, one week before the Auckland Anniversary weekend weather event. Especially since the Bayswater area had been designated a marina and that carried the legal protection of residential construction was not a permitted activity. So much for any comfort from the rule of law. Auckland Council officers have encouraged this travesty to occur, during the recent Councillor’s election campaign.

·         The major concern facing our members is that Council Officers will promote these agendas which are not necessarily mentioned in the Auckland Council Long Term Plan. We see the campaign at Bayswater as being a precedent to remove the protection of the rule of law from a marina precinct protected in the Auckland Unitary Plan. Once the precedent has been set, then every other marina is under threat of a similar outcome.

·         Auckland Yacht and Boat Association (AYBA) has understandably decided to withdraw from the appeal at Bayswater and the judicial review at The Landing because of funding constraints and a deficit arising from legal action to date.

·         We have posted a summary, from Richard Steel, on our website https://westhavenmarinausers.org.nz/newsletters which you should read. These decisions will markedly affect all boats moored at berths and who want to travel around in our waters. Also, this document alone reflects the depth of investigation, undertaken by AMUA, in every communication that it has had, with Council, representing all marina members.

·         The nub of the matter is that Auckland Council have introduced these measures which badly affect our members and members of all marinas, leaving the us, the public, to have to raise legal fees to contest the rationality of the decisions recently made.

·         Any contribution you may wish to make should be addressed to AYBA.

It would seem that we are up against some Council Officers who are apparently determined to emasculate the very investors who subscribed to the retail offers to invest in marinas and who purchased their BEUs in good faith to allow the individual constructions to proceed, only to be dealt these sort of blows as they have lived through the term of their agreements.

With regard to the 2026 quandary over the pending retirement of the Existing Trust, Westhaven Marina Limited have refused to make any comment, blaming Panuku for a lack of information. Panuku in turn have blamed Auckland Council for lack of direction on what should happen.

It would appear that the Panuku model for Westhaven will be very similar to that being currently touted by Winton for a retirement home in Beaumont Street. This is not in the Westhaven precinct.

You have to imagine high-class apartments along the Northern reclamation, and Westhaven Drive, each possessing exclusive access to a marina berth in the Westhaven basin, where today’s BEUs are then forced to be renters with longevity of tenure of 30 days.

We have separately approached Auckland Council with a proposal to clarify the BEU renewal position. We now have meetings promised, to discuss how this would fit into Council’s Long-Term Plan. Hopefully we can precipitate some action and gain some surety for existing BEUs as well as open opportunities for potential BEUs to have their needs met also.

Separately, we must have a concern over the development of the replacement legislation, to the RMA. While the RMA is nobody’s real friend, it appears that the proposed modifications to it, could be horrendous.

There are some suggested changes which allow long term agreements to be over-written if they prove to be inconvenient.

·         There is nothing more long term than a 35-year BEU which may prove to be inconvenient to the Marina Operator

·         There is nothing more long term than a 35-year lease with a right of renewal which may prove to be inconvenient to the Marina Operator

·         There is nothing more long term than a 90-year lease which may prove to be inconvenient to the Marina Operator

While none of this is set in concrete, it is certainly on the table, and in legislative consideration. This legislation will affect you and you must be prepared to research and understand it. It will affect the Yacht clubs on the Northern Reclamation at Westhaven as well.

You need to attend this AGM and decide what you want us to do about it. Please research it and then become enthused enough to voice a viewpoint at this upcoming AGM.

We will hold our AGM at the Ponsonby Cruising Club, Wednesday 19th July 2023, beginning at 7:30pm. As you will be aware, from the accounts, we have increased the food value for those members who attend. Also, we will “shout” a drink for those members attending, after the meeting.

Please support us and encourage other renters and BEUs to attend and hear what we are doing to clarify the position around renewing BEUs, plus extending renters into BEUs if they so desire.

 

On Saturday 10th June, the NZ Herald ran an article, written by Anne Gibson, which outlined the future plans of Panuku as regards berthholders at Westhaven marina. Her article outlined plans by Winton Land to build Auckland’s first vertical retirement village on land adjoining Beaumont Street and Westhaven Drive. The use of Occupation Right Agreements (ORA) plus the allocation of berth usage rights made the new regime look so much like the BEU agreements within Westhaven that I was forced to draw some conclusions.

I believe that we can safely assume that our own Westhaven BEUs will be cancelled, apartments will be built, with their own, new BEUs, assigned to an adjacent Westhaven Berth.

As WMUA we need to decide how we are going to address this speculation on my part, to the benefit of our members. Do we rail against the concept (not the Winton Land development) or do we support Panuku and its not yet revealed plans?

Separately, prior to this news release last Saturday, I approached Auckland Council with a concept that they could raise approximately $300m by renewing BEUs for another 35 years. Apparently Panuku had forgotten to mention this to Council as a means to ease their budget controversy. This concept is based upon renewing BEUs, also, if you are a BEU and actually rent out on your own behalf, to either favour your renewal or, favour your renter to be offered your BEU should you decline to renew.

The fact that Auckland Council were not aware that this possibility did exist shows that Panuku have their own agenda, quite separate to that of Auckland Council. So, the question is: should we go to battle in support of Council to gain another 35 years of WMUA or should we fold our tents and let Panuku have its way.

We need you and every BEU or renter you know, to attend this meeting and let us know how you feel, and which path we should take.

If you are motivated to attend, please let me know the numbers that you can encourage so that we can be sure that the PCC facilities might handle this.

 

[Black Panther 1,588]

We're f*cked. 

It has also been suggested the GH ferry get shut down once penlink is complete.  The cynic in me says " property developer wants land for more apartments ".

[Lindsay 31]

10 hours ago, Black Panther said:

We're f*cked. 

It has also been suggested the GH ferry get shut down once penlink is complete.  The cynic in me says " property developer wants land for more apartments ".

The GH ferry is likely to be cancelled because after decades of moaning the good people of the peninsula have persuaded the government that they “need” a shortcut to the motorway via Penlink. This will make the Gulf Harbour ferry less viable, as AT plan to increase the frequencies of the bus services east of Whangaparaoa.

An equivalent would be if you can imagine Waiheke people agitating for a bridge to the mainland and then complaining that the ferry service gets cancelled…

The Gulf Harbour service is frequently cancelled anyway whenever there are strong northeasterly winds.

[Priscilla II 392]

History repeating itself with Panuku/ Council preference for cash rental return over BEU income.

Whilst lobbying Council to purchase Westhaven many moons ago it was apparent from the get go they simply couldn’t do the maths even when we laid it out in plain English.

My question to those that support BEU’s is who sets the berth value.

[CarpeDiem 430]

2 hours ago, Priscilla II said:

History repeating itself with Panuku/ Council preference for cash rental return over BEU income.

Whilst lobbying Council to purchase Westhaven many moons ago it was apparent from the get go they simply couldn’t do the maths even when we laid it out in plain English.

My question to those that support BEU’s is who sets the berth value.

It's fairly easy to set the Berth value based on the current rental value, the projection of historic trends and the term.

Therefore, I think that the correct question, is how does the current rental value get set... ?

It seems to just be - what will the market pay... 

[Ex Machina 366]

19 minutes ago, CarpeDiem said:

It's fairly easy to set the Berth value based on the current rental value, the projection of historic trends and the term.

Therefore, I think that the correct question, is how does the current rental value get set... ?

It seems to just be - what will the market pay... 

the market has spoken , Div B boats are hitting the market with frightening regularity 

[Bad Kitty 252]

4 hours ago, Lindsay said:

The GH ferry is likely to be cancelled because after decades of moaning the good people of the peninsula have persuaded the government that they “need” a shortcut to the motorway via Penlink. This will make the Gulf Harbour ferry less viable, as AT plan to increase the frequencies of the bus services east of Whangaparaoa.

An equivalent would be if you can imagine Waiheke people agitating for a bridge to the mainland and then complaining that the ferry service gets cancelled…

The Gulf Harbour service is frequently cancelled anyway whenever there are strong northeasterly winds.

The Gulf Harbour ferry is cancelled whenever the weather allows the operator to cancel it without paying the penalty.

If it's cancelled for weather, i.e. a 12 knot NE, then it's an Act of God!

[waikiore 399]

this current year 40% of trips cancelled!

[K4309 260]

18 hours ago, Black Panther said:

We're f*cked. 

It has also been suggested the GH ferry get shut down once penlink is complete.  The cynic in me says " property developer wants land for more apartments ".

Just curious BP, when was the last time you took the GH ferry?

I haven't taken it in living memory, but I've just worked out that if I get one of those HOP cards, I can take the kids for free, and we get free entry into the Maritime Museum, so an ideal school holiday excursion all funded by the rate payer. Now all I have to do is find the one retailer that does HOP cards up here.

[Psyche 633]

4 hours ago, CarpeDiem said:

It's fairly easy to set the Berth value based on the current rental value, the projection of historic trends and the term.

Therefore, I think that the correct question, is how does the current rental value get set... ?

It seems to just be - what will the market pay... 

its a significant factor in the demise of the sport, when its 25% of the boats value every year

[Cameron 76]

3 hours ago, Psyche said:

its a significant factor in the demise of the sport, when its 25% of the boats value every year

Only 25%?

[Black Panther 1,588]

To purchase a marina berth would cost me more than I paid for the boat. Bet I'm not the only one.

[ex Elly 197]

Meeting is tonight.

 

[waikiore 399]

Any updates ? I couldnt make it 

[ex Elly 197]

A bigger turnout than last 2 years.
Focus is on big picture long term political issues.
A sub-committee will be formed to investigate possibility of legal challenges to prevent Panuku building apartments.
Membership is declining as WMUA no longer allowed to post flyers on boats or marina gates.
7 Young 88's have left recently due to unaffordability. Rent has increased from $400 to $600 in last 5 years.

 

[Psyche 633]

its a grand a month for a 12 with a finger. The transformation of a place to moor your yacht to a place to park your 18 metre launch is going to kill  affordable cruising and the sport. Panuku dont give a rats,  market rent is whatever the market will pay based on occupancy rates.

[Deep Purple 512]

My solution. Towbar since fitted to camper to create a racer/cruiser

[Cameron 76]

2 hours ago, Psyche said:

its a grand a month for a 12 with a finger. The transformation of a place to moor your yacht to a place to park your 18 metre launch is going to kill  affordable cruising and the sport. Panuku dont give a rats,  market rent is whatever the market will pay based on occupancy rates.

A grand a month.... you're out of touch!   $1147 a month these days!

[Black Panther 1,588]

2 hours ago, Psyche said:

its a grand a month for a 12 with a finger. The transformation of a place to moor your yacht to a place to park your 18 metre launch is going to kill  affordable cruising and the sport. Panuku dont give a rats,  market rent is whatever the market will pay based on occupancy rates.

Except it's not an open and unfettered market. It's closer to a monopoly.