THE ISSUES FACING WESTHAVEN BERTH HOLDERS
Berth License Update
The Westhaven Owners and Trustees wish to legitimise some of their customs that they have allowed in contravention of undertakings in the Prospectus when selling berths and License agreements. Westhaven Marina Users Association have valid concerns about this process, and urge Licensees to read and understand the following documents before voting:
WMUA Berth License update response 14 Apr 2020
Westhaven Proposal to update Berth Licenses March 2020
Licensee Trustees
When Berth Licensees paid the Auckland Harbour Board between $40,000 and $300,000 for their license to use their berth until 2026 or 2029, Westhaven Marina Trustee Ltd was incorporated as a company to be the Trustee to protect the rights and interests of berth holders provided by the prospectus that was issued. The Directors of the corporate trustee included berth holders (businessmen, a lawyer and leading sailors) as well as AHB Directors and Staff. When the Marina was bought by Auckland City Council in 2004, they immediately renamed the company, and changed the Directors to three of their staff members. Council has since appointed an “Independent Chairman”. There is now no berth holder representation.
The Trustee has systematically eroded berth Licensee facilities by permitting Auckland Council and their property CCO, Panuku Developments Ltd to erode parking availability (1500 carparks promised in the Prospectus) for boat crews by:
1. Building commercial facilities on the western carpark which removes 230 carparks in the area with most demand.
2. Building the walkways to create Westhaven Park without providing additional parking for the visitors.
3. Reserving 70 carparks for the commercial tenants at Westhaven, making them unavailable to others.
Appointment of berth representatives will be required to comply with the Trusts Act 2019. WMUA has been fighting for this change for many years. Click for more details: Westhaven Ownership Diagram
Is Panuku the best manager for Westhaven?
When Auckland City Council bought Westhaven marina in 2004, they passed the management of Westhaven over to Waterfront Auckland. Subsequently, with advent of the Super City, Panuku Development Auckland Ltd (CCO) was formed from the merger of Auckland City Council Property Services Limited and Waterfront Auckland Limited.
Harbour Bridge Cycle / Walking Path
The southern landing of the Harbour Bridge cycle / walking path will land in Westhaven Marina, and land will be taken for the ramps as well as walking and cycle paths to connect with the other Auckland cycle lanes to the city and to the west. The Trustees must ensure that this does not compromise berth holder’s access to their boats or car parking.
INTRODUCTION
Since our inception in May 1979, WMUA actively represents approximately 1400 people who keep their boats at Westhaven which is the largest Marina in the Southern Hemisphere.
We work closely with Westhaven Marina Management because their goals, and ours, align. They want to operate a world class marina and we want to help them in that desire.
However, as the usage of Westhaven has been extended over the years we have developed our membership coverage to more effectively represent all stakeholders who want to have a say in the way in which the Marina operates.
This evolution has seen us representing the interests of a far wider range of stakeholders, including: Berth Holders, Yacht and Boating Clubs, Dragon Boaters, Sailing Schools, One design Yacht clubs, Stand up Paddle Boarders, Model yacht racers, IWI and local Residents’ Associations. We are continually increasing our reach to include all people who make regular use of the Westhaven Marina facilities.
You should join WMUA now, because we are facing very interesting times, in the near future, and you may want to have your voice heard.
We are an Incorporated Society preparing annual accounts and summaries of our activities. We hold an Annual General Meeting following audit of our accounts for the year ended 31st March, each year. We hold regular meetings throughout the year, depending upon the nature of the issues we have at hand.