The document said the trust was not given the opportunity to inform the council's archaeologists what archaeological materials might look like, was not given the opportunity to investigate what material might be present after the removal of concrete floors, and failed to ensure earthworks were monitored by the trust's archaeologist.
The council is being taken to court over alleged breaches of a trust archaeological authority for the council's Wall Street development in George St, under the Historic Places Act 1993.
Anyone planning work on an archaeological site - that is, any place associated with pre-1900 human activity - must obtain an authority from the trust before beginning, and the trust is prosecuting on the grounds the council failed to comply with the authority's conditions.
The matter came before the court at a recent status hearing at the Dunedin District Court, and was adjourned until August 5.
Council chief executive Jim Harland said this week he understood the charges would be defended.
Neither side was keen to discuss the matter while it was before the court.
But trust Otago-Southland area manager Owen Graham explained yesterday how the breaches could have taken place when a trust archaeologist had been at the site.
Council-contracted archaeologist Peter Petchey and his team of five archaeologists were commissioned by the council last September to make sample digs on the site and write a report detailing their findings.
A photograph published in the Otago Daily Times at the time showed New Zealand Historic Places Trust Otago-Southland regional archaeologist Matt Schmidt working at the site.
Mr Graham said as part of the process, Mr Schmidt was required to monitor the site, but "we don't stand there all day".
