The battle over a proposed marina in Tairua Harbour on the Coromandel Peninsula is set to go another round.
The marina developers have lodged an appeal in the High Court at Wellington against an Environment Court decision stopping the project.
The companies behind the planned $9 million, 150-berth marina - Tairua Marine and Pacific Paradise - want the High Court to send the matter back to the Environment Court for reconsideration.
In July, Judge David Sheppard and two environment commissioners rejected the planned marina, citing concerns about its effect on native birds and historical and archaeological sites.
Nearby Paku Hill - a former pa site - is considered one of the most significant archaeological sites in the country.
In rejecting the latest marina proposal, the Environment Court also endorsed the finding of an independent commission that had ruled against the project in 2003.
Then, commissioners said the scale of the development was inappropriate and would compromise the coastal environment's natural character. The commissioners also accepted the marina would be a "cultural offence" to Maori and would unduly restrict public access to the area.
The project's supporters argued the development would provide a boost to the Tairua economy, and its benefits would outweigh any detrimental effects on the environment.
The developers have appealed on 10 points of law. They claim the court did not give enough weight to the site having already being zoned for a marina and erred in estimating the development's effect on the environment. The appeal is expected to be heard in the first week after Easter.
The developers' plan for the marina, the fifth option they had submitted, covered 8.75ha of seabed and required 142,000cu m of sand to be dredged. Two breakwaters, 400m and 180m long, would be built. About 95 carparks, 30 trailer parks, a new ferry terminal, and a recreational reserve were also included.
Earlier plans for a helicopter landing pad and swimming beach had been shelved. The latest plan also has more than 100 fewer marina berths than originally planned.
More than 1000 submissions were made to the regional and district councils in 2003, with support and opposition evenly divided.
- NZPA
Tairua Harbour developers lodge appeal
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