Whanganui council rejects cafe owner’s petition against ‘forced closure’

The cafe is expected to reopen under new management in early May. Photo / NZME

A 4789-signature petition against the “forced closure” of a Whanganui cafe has been rejected by the district council.

A report from Whanganui District Council chief executive David Langford said he declined to formally receive the petition from Funky Duck cafe owner Dave Hill because it included inaccurate and misleading statements and failed to meet standing order requirements.

The Funky Duck is run in a council-owned building at Rotokawau Virginia Lake.

Its lease is almost up and Hill told the Chronicle the cafe was set to close at the end of this week.

Previously, he asked the council for a lease extension so he could sell it as part of the business.

“They rejected that because they would not grant a new lease until they had done community surveys, focus groups and countless meetings,” Hill said.

“The lease went on the market and then they decided to do it all over again.

“It’s cost ratepayers thousands of dollars.”

Hill was part of the first round of proposals for the new lease in 2023.

Speaking to the Chronicle in January, Langford said the 2023 proposals were completely different to each other and “council was cautious that we didn’t just jump into something without finding out what the community wanted first”.

A second expressions of interest process was held last year following public consultation.

In January, Hill said he did not apply because he wanted “to hand over the keys and move on”.

At a council meeting this week, Whanganui Mayor Andrew Tripe said the council was legally bound by the Local Government Act to ask the public what it wanted for the site and to go to the market to seek expressions of interest.

He said the community still wanted a cafe of some kind, with longer hours including evenings.

Dave Hill says he strongly disputes the council's position on the petition. Photo / Mike Tweed

“Mr Hill had the opportunity to express his interest in the new lease along with everyone else but I understand he chose not to.

“From the research I’ve done and from clear legal advice, I cannot accept the Funky Duck was forced to close.”

Langford’s report said the council had entered a new lease with a new cafe operator.

“It is expected that, after a short closure for fitting out the building, the cafe will reopen under new management in early May this year,” it said.

“This clearly demonstrates there was never an intention to force the closure of the cafe at Virginia Lake reserve.”

Hill said he stood by the wording of the petition and “strongly disputed” the council’s position.

“We were seeking a nice resolution. The cafe could have changed hands and everybody would have been happy.

“Five thousand people cared enough to put their names down [on the petition].

“Just remember, it’s election year this year.”

He said the process had made him consider a run for the Whanganui mayoralty.

Local elections will be held in September.

Hill has previously stood unsuccessfully to be a district councillor.

“In my 50 years of running businesses, this has been the worst experience I’ve ever had,” he said.

“The council is incompetent and inefficient.”

The Funky Duck site would be “completely and utterly gutted” before he left.

“Someone is going to have to come in and completely refurbish the whole lot.

“I’m predicting it’ll be a lot longer than May when it reopens.”

At the council meeting, councillor Charlotte Melser said it took a lot of work to set up a new hospitality business.

“In light of a new lessee coming in, I want to wish them all the best.

“I look forward to what is going to be in that fantastic facility and surroundings soon.”

Mike Tweed is a multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.