A woman bowls at the old Ponsonby Bowling Club, pictured before redevelopment and construction of the Vert Apartments. Photo / Sylvie Whinray
A distinguished Auckland couple have locked horns with their local bowling club, claiming it is hosting hen's nights and corporate functions that disturb the enjoyment of their multimillion-dollar apartment.
Retired QC Paul Cavanagh and his wife Christine live in an apartment in the Vert complex overlooking the greens of the Ponsonby Bowling Club.
They are the sole objectors to the club's application to renew its liquor licence and are lobbying for more stringent terms, including an end to the use of "social memberships", which they say allow the club to operate as more a pub than a sports club.
The club has hit back, saying the objection is entirely without merit and pointing out the Cavanaghs were the only one of 15 apartment holders to object.
Bowls' governing body - which has its head office on the same site on the border of Herne Bay and Ponsonby - has also rejected the allegations and says the couple knew they were buying above the club when they moved in.
The Vert complex is on Jervois Rd in Herne Bay and was built on the site of the old clubrooms, demolished about a decade ago for the development.
The Cavanaghs have filed a submission opposing the liquor licence renewal application by the club ahead of a meeting of the Auckland District Licensing Committee next month.
An Auckland Council alcohol licensing inspector said he has found no evidence of any issues with the club during his visits. He does not oppose the application, and neither police nor the medical officer of health are opposed.
Paul Cavanagh QC was one of New Zealand's top planning lawyers when he was practising.
Christine declined to comment when approached at home by the Herald on Sunday. The couple's submission was filed by their lawyer Rowan Ashton.
Central to their submission are the corporate events hosted by the Ponsonby Bowling Club (PBC).
"At the outset, the Cavanaghs would like to acknowledge that the premises should be able to operate when managed appropriately and they recognise that some noise is to be expected," the submission says.
"However, the premises operates in a manner where the noise created by PBC's patrons is excessive and prevents the Cavanaghs' quiet enjoyment of their home.
"PBC takes a generally relaxed approach to its operations (for example, by allowing people to drink on the Greens) and hosts events that are generally associated with boisterous behaviour (such as corporate events, Stag and Hen's parties)."
The submission says the club holds corporate events where patrons join up as casual members to allow them to buy alcohol.
"The hosting of corporate events is a misuse of PBC's club licence and is an attempt to subvert the requirement to obtain an on-licence or special licence.
The submission says the couple had repeatedly asked the club to address the alleged noisy behaviour of its patrons.
Two years ago, Bowls NZ took over the formal management of the Ponsonby Bowling Club, the submission says.
Since that management regime came into force, the Cavanaghs say they have written formal complaints to the club manager and to Bowls NZ chief executive Mark Cameron, and each time received a response that the club had investigated and were comfortable with the patrons' behaviour.
Cameron referred a request for comment to the club.
The submission cites an incident on November 14, 2020, during a "very noisy" hen's party when the club manager allegedly playied music through a speaker directly below the Cavanaghs' deck.
Christine went down into the club to ask for the speaker to be turned off and to question whether patrons should be drinking on the greens.
"The manager disagreed and complained to Cameron about Christine, as a non-member, entering the premises. This illustrates the unwillingness of PBC staff to address issues caused by the operation of the premises," the submission says.
If the liquor licence application is renewed, the Cavanaghs' submission says they want a series of new requirements imposed upon the club.
That includes a ban on drinking on the greens and a prohibition on hosting private events or corporate parties under a club licence.
The submission also seeks an end to the promotion of social memberships and a limit on the noise level of music so as not to be above the level of normal conversation.
Ponsonby Bowling Club supplied a brief statement via its secretary on behalf of its executive committee.
"The Ponsonby Bowling Club was disappointed to hear that one of the apartment owners had lodged an objection to our Application for Renewal of our Liquor Licence and feel that the objection is without merit."
The statement said all other Vert apartment owners supported the application to renew the licence.
According to the agenda for the upcoming liquor licence hearing, and the club's annual report, the club's secretary is Gordon Trainer, who owns an apartment in the same complex and is chair of the Vert Apartment Committee.
He is among several Vert apartment owners who are members of the club.
The agenda contains a strongly worded letter from lawyers acting for Bowls NZ written in response to the Cavanaghs' submission.
It said the club had hosted corporate functions for at least 10 years, and they were within the definition of bowling club activities.
The letter said the Cavanaghs knew the apartment was beside the club before moving in.
"Your clients chose to purchase an apartment beside a bowling club," it said.
"The covenants that apply to that property expressly acknowledged that the Bowling Club's activities are protected.
"There is accordingly no basis for your client to now complain about events that are protected by the covenants and have been held by the PBC for many years."