Through lawyer Phernne Tancock, they said the hearing should not go ahead unless KiwiRail could prove it had the legal right to continue. Tancock said the issue “may render it inappropriate for the (hearing) panel to continue down the current flight path towards a hearing on 9 August”. “Parties should not be put through a lengthy hearing if the legality of the notice of requirement is in question.” Fox said both he and the city council had asked KiwiRail to provide the legal opinion that it did have the power to designate land for the project. That had been withheld on the grounds of legal privilege.
Some swimming clubs find it hard to find space. “I’m not trying to bring a problem to the council. In fact, it’s an opportunity for the city to get ahead in providing a facility. “The Palmerston North facilities are fantastic, but they do not meet requirements for a lot of the users.” Jessen, who has been a swimmer all his life, said the 25 metre indoor pool at the Lido wasn’t deep enough for water polo, had no seating so couldn’t hold major events, and was the only pool available during winter when the outdoor pool closes.