Baches at Cornwallis Beach, Auckland
No matter which way you looked at it, Cornwallis’ beachside dwellers had one hell of a fight on their hands.
They were the Aucklanders who had erected baches along the Cornwallis foreshore. They’d bought into the “lease” concept created in 1915 by the Auckland City Council; a dubious arrangement that let them build a bach in Cornwallis Park.
Tenants paid the council an annual rent and were allowed to erect a holiday home, at their own cost, up to the value of £25 (quite a sum back them).
No paperwork was completed, no lease clauses viewed or signed. It is little wonder there was a conflicting perception about the agreement’s longevity.
Bach owners believed the deal was for perpetuity, but council had other ideas, and in 1969, it pulled the plug and ordered everyone out.
It was up to Elcoat, a lawyer and fellow bach owner, to fight the decision on behalf of Cornwallis’ 96 cottage owners; some of whom had become permanent residents.
“Every one of the tenants has a legal tenancy and a substantial seaside cottage in accordance with plans approved by your council,” he submitted.
This was true. In fact, in 1943, city councillors had suggested tenants approach the authority for a Glasglow-type lease (a perpetually renewable ground lease that is reviewed every 21 years).
As council had made no murmurings about discarding the original lease arrangement, bach owners saw no reason to pursue this option.
However, a change in policy in 1947 cemented an about-turn in council’s intentions and the Cornwallis beach dwellers were left high and dry.
“Let there be no mistake that my clients are lawful tenants, having substantial sums of money invested in their cottages,” Elcoat wrote. “They seek no favours other than to remain as tenants on a proper commercial basis, paying a proper market rental.”
The Council was not moved by this defence and by the close of 1970, all baches had been removed.
So had a generation of family holidays spent dunking into Cornwallis’ safe swimming beach, ample pipi beds and fishing spots. The Cornwallis seaside community was no more.