“[AT] really do hate the fact that we have a vehicle crossing in Lorne St.”
Bielby said AT had issued him multiple fines over the years for temporarily parking in Lorne St to open the large “Roman-style” doors that can be unlocked only from the inside, and are the only vehicle access for the whole building. Unlocking and locking these heritage gates takes five to seven minutes each time.
“I guess push has come to shove … I thought stuff it. We actually need this,” Bielby said.
“We have to be able to load shows and the council and Government have just written a $30m cheque to restore the building.”
Steve Bielby: “I guess push has come to shove.” Photo / Sylvie Whinray
On February 27, Auckland Council voted to commit $15m in funding to the restoration of the theatre, to match a $15m commitment from the Government through the Ministry of Arts, Culture and Heritage.
Auckland Transport is a Council Controlled Organisation, which ultimately reports to the mayor and governing body through its board, but is legislatively independent – although Mayor Wayne Brown is in the process of changing this.
A March 31 judgment from the Auckland District Court details Bielby’s fine was issued on May 20 last year after he parked in Lorne St contrary to traffic signs dictating it was not a loading zone after 11am.
Bielby pleaded not guilty, despite images of his car parked there between 12.19pm and 12.47pm. He admitted in cross-examination that he was aware of the Lorne St parking limitations, but that “no theatre opens before 11am and that the building is effectively inoperable with No Stopping after 11am”.
Bielby argued his actions taken on the day were necessary for the lawful use of St James and were carried out within the scope of existing-use rights protected under the Resource Management Act with the Land Transport Act, which he suggested needed to be interpreted flexibly.
However, the court ultimately judged there “were practical alternatives which could have been undertaken” by Bielby and his existing-use rights of Lorne St were not established.
Bielby was ordered to pay the $40 fine with court costs of $34.
St James has been in sad decline since closing its doors in 2007, when a fire raised concerns about safety and compliance, and then remaining largely abandoned. Photo / Sylvie Whinray
Reflecting on the court process, in which he represented himself, Bielby was clear on his motivations.
“We essentially put our case forward and the judge was pretty sympathetic to it, but I guess I kind of knew from the start that we were likely going to lose it.
“I’d hate to think how much [AT] spent on it … the court dates took a couple of years [by the time] the decision was released.”
After the judge-alone trial was adjourned to enable the prosecution to respond to the written submission, it was completed on October 13.
“We lost because it was a strict liability offence, you know, ‘did you stop?’ Technically, we stopped. I guess what it shows is that the venue is unusable as it currently sits with the rules the way they are. So they’ve got to change the rules.”
Renovations inside the St James Theatre in Auckland. Photo / Sylvie Whinray
‘Pedestrian priority zone’
AT manager of parking services John Strawbridge said Lorne St was part of a city transport network that has been “undergoing significant changes” to balance demands from pedestrians, public transport and loading activities.
“AT, Auckland Council and Heart of the City have engaged in discussions over several years about loading provisions in the area, including for the St James Theatre.”
“While Lorne St was historically used for loading, its current design prioritises pedestrian amenity and safety as part of the City Centre Masterplan.”
Strawbridge said flexibility for parking and loading during the redevelopment of St James “may have been explored during discussions”, but permanent exemptions were not granted.
AT’s reasons for this were that Lorne St was part of the city’s “pedestrian priority zone”.
He also defended any costs on the ratepayer through the multiple court dates between AT and Bielby – pointing out such fines only ended up in court after a written request from the person who issued the infringement.
“AT has an in-house litigation team, so no external legal costs were incurred for this matter. Internal personnel do not log their time against each infringement offence,” Strawbridge said.
Steve Bielby says he’s had dozens of meetings with AT concerning the theatre’s use of Lorne St to load equipment. Photo / Sylvie Whinray
He also pointed out that St James is able to apply for a Traffic Management Plan that could enable loading exemptions.
However, Bielby said such plans were temporary and it would be unfeasible to apply and pay for every time the theatre has a new show.
“The compromise AT have suggested to us is that we apply for a temporary traffic management plan every time we pack in and every time we pack out. They’re three or four thousand dollars each time. If that adds $8000 to a show, it just makes shows unviable. It also just gives us no certainty.”
Bielby bought St James Theatre in 2014, when he was only 29.
Constructed in 1928, it was once one of Auckland’s premier concert venues, hosting some of the world’s biggest musical acts, including Miles Davis, James Brown, Jeff Buckley, the White Stripes, David Byrne, Nick Cave and Motorhead.
The venue will have capacity for 900 people seated, or 1800 when the seats are taken out, following the redevelopment.
Friends and family gather at the St James Theatre in Auckland City to fearwell Helena McAlpine. Photo / Greg Bowker
Heavy Metal icon Lemmy from Motorhead rocks the St James Theatre in Auckland. Photo / Richard Robinson
The renovation will include “significant improvements” to the Lorne St facade opposite the central city library, but only minor improvements to the Queen St side of the site.
The Queen St frontage is now part of an empty lot that is subject to a planned apartment development.
Bielby hopes when the $30m redevelopment is finally finished, with a scheduled reopening date of 2028, a more logical, comprehensive loading plan for St James and the entire CBD is set.
His optimism is pinned on Auckland Council retaking legislative control of AT that Mayor Brown is now doing.
“Not just for us, for other businesses in midtown to operate effectively and for the area to regenerate. Otherwise, it’s just going to stay desolate,” Bielby said.
“Midtown’s gone through this dying period for the last 10 years and it’s just a pretty horrible place for the most part at the moment.
“People need to be able to come and get in here. Having a situation where Uber can’t get to this area is just not acceptable. Once this is built, there’s like 13,000 people here in this area if all the venues are full at capacity, and that’s a huge crowd to disperse and manage their exit and entry.”
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