A proposed $10 million marina development at Whangamata looks set to be vetoed by the Conservation Minister despite being given the go-ahead from the Environment Court.
Scrapping the proposal will raise the ire of the Whangamata Marina Society, which has fought a 14-year legal battle for resource consents to build the marina, costing it more than $1 million so far.
On the other hand, confirmation of the minister's veto will have tangata whenua, some surfers and ecologists celebrating.
On October 31, the Herald revealed that the court had given the green light to the Whangamata marina, conditional on minister Chris Carter's sign-off.
The minister's decision was to be released tomorrow, but the "stunned" chairman of the Whangamata Marina Society, Mick Kelly, has been told the proposal will be vetoed.
He has asked for a last-minute extension to the announcement.
"We've got inside information that it's been turned down. We were offered an extension about two weeks ago and we said no to that."
Mr Kelly was yet to hear from the minister's office whether he had been successful in gaining a delay to tomorrow's decision.
Yesterday, the minister's spokesman would only say that the announcement was still scheduled for tomorrow, but a decision was yet to be made.
"He [the minister] raised some concerns with the applicant and asked for their response, but hasn't made a final decision yet."
Mr Kelly said he was at a loss to understand Mr Carter's intentions.
"The court findings were heavily weighted in our favour. We had 27 days of court hearing time, then at the 11th hour he goes and talks to disaffected parties for half a day, where he is bombarded with misinformation that has gone unchallenged."
The society would seek a judicial review of the decision if it was not in favour of the marina.
The project involves a 205-berth marina, 1km inside Whangamata Harbour. Silt, sand, dirt and mud will be dug out from the harbour for the development.
The new marina channel, which flows into the main channel, will need regular dredging.
Surfers argue that the project threatens the town's renowned surfing break and iwi say it could jeopardise traditional shellfish gathering.
The former secretary of the Whangamata Maori Committee, Grant McIntosh, was surprised to hear the information, and said he was "in shock". But any celebrations needed to be put on ice until the official word came.
Maori, he said, had been given wide-ranging assurances during the foreshore and seabed legislation process.
"The Labour Government said to them [iwi] at the last election it was going to protect the foreshore for everyone. And we've said, 'OK, here's the test'."
Mr McIntosh made a distinction between port infrastructure decisions "where everyone benefits" and marinas where only an "exclusive" section of the community" benefited.
Thames Coromandel Mayor Philippa Barriball said if Mr Carter did scuttle the marina project there would be national implications in terms of the Resource Management Act.
"My understanding is that where the judiciary have spoken on an issue - and they've spoken quite categorically on this - there should be no issue."
She could think of no reason for rejecting the proposal other than the introduction of the foreshore and seabed legislation.
"If that is his decision and the seabed and foreshore legislation is the reason, then duck. There will be some major explosions on this."
Government set to veto $10m marina
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