18 January 2021
I am writing to inform you (Shelly Bay Taikuru Limited) (“the landowners”) of the landholdings located at 276,296,300, 310, 316 and 340 Shelly Bay Road (“landholdings”), have identified a number of health and safety issues; the landowners are is [sic] obligated under the Healthy Safety and Work Act 2015, to notify you of these concerns and put in place mitigation measures where practical.
The owners do not permit you, Mau Whenau Inc. (Mau Whenua), its members or associates accessing any of its landholdings at Shelly Bay Taikuru or undertaking any activities on these landholdings.
We note the following issues have been identified.
Representatives of Mau Whenua or its associates have accessed privately owned landholdings and assets without the express permission of the owners or its agents.
Representatives of Mau Whenua or its associates have erected structures on the owner’s landholdings without the permission of the landowner or its agents. Representatives of Mau Whenua or its associates have accessed a private power supply from the former Shelly Bay Lodge without the permission of the landowners or its agents. Your actions and those by Mau Whenua and its associates presents a health and safety risk, that may result in loss or injury to you, Mau Whenua and its associates or persons legally entitled to be on the landholdings and the landowners.
The landowners request that you, Mau Whenua and, its associates "cease and desist" immediately accessing the landowner’s landholdings:
Please do not access any of the landholdings or improvements located on the landholdings owned by the landowners; Please remove all or any structures from the landowners site; and Please stop accessing or connecting into any services on the site from any of its assets. In the instance of item 3 we will be removing all or any illegal connections and will be seeking cost recovery from you and Mau Whenua in respect of these matters.
We also bring to your attention over the coming weeks the landowners will be undertaking activities on its landholdings and properties owned by Wellington City Council (“Council”) that may present a health and safety risk to any persons or individuals who may seek to interfere with their works. Under the HSWA we are obligated to ensure you are aware of this.
We request that you, Mau Whenua and its associates do not under any circumstance interfere with the activities of the landowners, staff, consultants, contractors or agents engaged to complete works at Shelly Bay Taikuru; under any circumstance.
The landowners of Shelly Bay Taikuru Limited landholdings takes no responsibility for your actions, the actions of Mau Whenua, its associates or individuals, for any loss resulting from any actions taken by these parties whilst on the landowner’s landholdings or persons/ tenants permitted to access these landholdings.