Project Success! The Governors Bay Jetty
Tom Evatt & Co have been proud supporters of the Governors Bay Jetty Rebuild since 2021 when we were first approached by the Governors Bay Jetty Restoration Trust (Trust) to assist with pro bono legal advice.
The Jetty suffered irreparable damage following the Canterbury Earthquakes and the Christchurch City Council deemed it uneconomic to rebuild following its 2015 estimate of $7.8 million.
But a determined community was not ready to accept ‘no’ as an answer and formed the Trust to lead the community with its vision to save the Jetty at a fraction of that cost.
Following a mammoth effort by the community, on 30 September 2023, the grand opening of the newly built Jetty took place in front of crowds of supporters. The total project cost of the rebuild by the Trust, 8 years after the Council’s estimate, was just $3.7 million.
A Community Vision
Following the establishment of the Trust in 2015 by community members, and their early fundraising efforts, the Trust investigated options for both repair and replacement of the Jetty. Community consultation was carried out and the Trust engaged with Eliot Sinclair to undertake geotechnical testing and commence design.
The Christchurch City Council provided assistance and initial capital to assist the Trust with these design costs.
In 2019 the Trust purchased the Jetty for $1 from the Council on the basis that the Trust would lead the rebuild project with the previous financial support provided by the Council and the possibility of further financial support on a funds matched basis (ie 50/50 sharing of costs).
The design work continued and building consent was obtained by the Trust in May 2020. Once building consent was obtained, early estimates of rebuild costs could become more certain and whilst battling the disruption of the Covid-19 pandemic, the Trust went out to tender for fixed pricing.
Rebuild Project
In 2021, the Trust approached Tom Evatt & Co to assist with the preparation of tender documents using NZS3910 contract conditions. Following the release of the tender to selected contractors, the Trust entered negotiations with its preferred contractor, HEB Construction Limited, signing a letter of intent in December 2021.
The Trust separately negotiated the supply of the Australian hardwood timber from local timber merchant, LMA Timber Limited.
Before the Trust could sign contracts with HEB Construction Ltd and LMA Timber Ltd, it needed certainty that it could pay for the works and timber supply. Based on the fixed pricing the Trust had negotiated, it had as much certainty of price it could get and approached the Council for confirmation of the previously discussed 50/50 costs arrangement based on a total project cost of $3.5 million. Urgency became paramount during this period of rapidly rising construction costs and inevitable shipping delays.
The Trust also needed backing for the balance of the Trust’s half share still to fundraise and so it applied to Council for a community loan (overdraft facility) for both the balance of the Trust’s half share and the balance of the Council’s half share – a total of $1.5million. The Council refused its application and so the Trustees lobbied the Councilors for support.
At the 10 March 2022 Council meeting, the Trust presented a deputation to the Council in support of its loan application, and despite Council’s earlier refusal of the loan, all 17 Councilors approved the loan. The timber supply contract was signed that same day and the final construction contract, within two weeks.
In May 2022, the Trust then made a further deputation to Council to commit to funding a half share of the project, which the Council agreed to do, again unanimously.
Tom Evatt & Co Involvement
The rebuild commenced in September 2022 and was completed in September 2023. In addition to assisting with the drafting of tender documents, Tom Evatt & Co supported the Trust with legal advice on contractual and general project issues throughout the rebuild period.
A collaborative approach to problem solving by the Trust, legal and engineering consultants, main contractor, sub-contractor and materials supplier, has resulted in an extremely successful result for not only the Governors Bay community, but all parties involved.
Contact Tom Evatt & Co.
Tom Evatt & Co can assist entities with unique projects like the Governors Bay Jetty Rebuild. We have experience in construction, property law and resource management issues and local government engagement. Please get in touch, we’d love to hear from you.
Tom Evatt & Co have written this article solely for information purposes and it is not a substitution for specific legal advice. Please contact Prue Miller for further assistance.
E: Prue.miller@tomevatt.co.nz P: 021 023 80405