Judge reserves decision on bid for stadium funding review

A High Court judge has reserved his decision on a bid by a Queenstown man for a judicial review of the decision by the Otago Regional Council (ORC) to provide funding for Dunedin's proposed stadium.

Basil Walker, who is seeking a judicial review of the funding decision, represented himself at the High Court at Dunedin hearing before Justice Graham Lang.

The ORC has agreed to contribute $37.5 million towards construction of the $198 million stadium, and today's hearing followed a hearing in May at which Mr Walker attempted to gain an interim injunction.

Mr Walker's submission developed into a long-running debate, as Justice Lang repeatedly intervened to question his arguments and assumptions.

Mr Walker made clear his concerns about consultation and the council's decisions, but was told the court could not rule on political decisions.

He argued the council had not disclosed its funding would be sourced from borrowings, and there were what he called "undisclosed interest" costs.

"From the outset the borrowing has been disclosed," Justice Lang told him, the council had said that consistently, and made it "absolutely clear".

Mr Walker said having Otago's regional councils help provide the funding was a dangerous precedent.

"Again you may say it is a dangerous precedent. That's very much a political matter. I can only interfere if there is something unlawful," Justice Lang responded.

Another area that caused argument was Mr Walker's assertion the Government's $15 million grant for the stadium "contains a caveat clause that the funding is conditional upon the stadium being completed for the Rugby World Cup in 2011".

But a letter from Rugby World Cup Minister Murray McCully said the Crown would provide a grant, "with an expectation that the stadium will be completed and available for the Rugby World Cup".

Referring to the letter, Justice Lang said: "You say it's a condition. It just says it is an expectation." Counsel for the ORC Alastair Logan said Mr Walker was perfectly entitled to believe the majority had made the wrong decision but that was "not sufficient for him to succeed on judicial review".

Justice Lang reserved his decision, which he said he would give within seven days.