Statement: withdrawal of liquor licence

Friday 19 July, 2024

Gisborne District Council has been asked to provide information about the appeal to the application for a liquor licence at 31-35 Gladstone Road, made by Te Kura Kauapapa Maori o Hawaiki Hou which is located at 39 Gladstone Road.

The application for the liquor licence was withdrawn on 5 June 2024, which means the appeal no longer applies.

Council is not responsible for notifying parties of an appeal. The appeal process including notification is covered by the Sale and Supply of Alcohol Act 2012.

In response to questions regarding the consent the kura currently has for operating out of 39 Gladstone Road:

Building Act requirements – 39 Gladstone Road, Te Kura Kauapapa Maori o Hawaiki Hou

  • When Council moved into the building in 2016, a building consent was granted for the internal fit-out.
  • There was an existing building consent which enabled the building to operate as a school (kura) on the first floor. There was no change of use, as defined by the Building Act so a new Building Consent or change of use consent was not required.
  • The Building Warrant of Fitness is current for the building, and it meets the fire safety regulations.  The building is 100% compliant.
  • The building is not an earthquake-prone building, and it is compliant with the earthquake prone sections of the Building Act.

Resource management act requirements - 39 Gladstone Road, Te Kura Kauapapa Maori o Hawaiki Hou

  • Under the current Tairāwhiti Resource Management Plan, educational activities are a permitted activity in the CBD if they are not undertaken on the ground floor.
  • The kura needs a resource consent (under the Resource Management Act 1991) to operate on the ground floor.
  • The kura has applied for a resource consent to operate a school at 39 Gladstone Road, on both the ground and first floors.
  • This consent is currently on hold under section 92 of the RMA (request for further information) because the Council has requested that the kura advise the Council how it intends to legally formalise the existing rear fire escape route.

31-35 Gladstone Road (Former National Bank Building and Scotty’s Bar and Grill)

A plan change to the Tairāwhiti Resource Management Plan (TRMP) in 2005/2006 considered listed heritage buildings and the interior of heritage buildings.

A report prepared by Salmond Reed identified the building at 31-35 Gladstone Road as having high heritage value. Significant elements included glazed domes and central light. The entire interior was inlcuded in the plan for protection. An excerpt from the hearing report is below. Decisions on the plan change were made in July 2006, and were not appealed.

The relevant schedule of the TRMP is G4: CENTRAL BUSINESS DISTRICT - HERITAGE SCHEDULE – see entry C16.

31-35 Gladstone Road is an earthquake-prone building but the date for strengthening such buildings has recently changed due to new national legislation and is now February 2029.

The relevant Council report provides further detail Operations - Environment & Communities 18 April 2024 (gdc.govt.nz) Report 24-124 Earthquake Prone Buildings – Current Status of Strengthening Requirements