Lost appeal delivers $114,000 shock

An effort to stop a mussel farm near Stephenson Island, in the Far North, (above) has cost a community group $114,000.

A small community group has been stung with legal costs of nearly $114,000 after losing an appeal against plans for a mussel farm off the Far North coast. However, the 86ha farm off Stephenson Island, about 4km away from the entrance to Whangaroa Harbour, could face further delays if a Maori land claim against the Environment Court's decision to grant resource consent succeeds.

In January last year, the Environment Court granted Auckland-based Westpac Mussels Distributors 35-year consents for the farm despite opposition from the Whangaroa Maritime Recreation Park (WMRP) which said the farm would spoil the area's natural beauty, deprive boaties of safe anchorages and interfere with fishing.

The mussel farm is about 990m by 950m and will be situated about 150m off Stephenson Island.

WMRP challenged the court's decision to grant consents but lost and in a recently-released decision, principal Environment Court judge Laurie Newhook ordered costs of $113,950 to Westpac Mussels Distributors and the Northland Regional Council.

WMRP members David Keys, Terry Hassall and Bryce Smith were ordered to jointly pay $80,100 to Westpac Mussels Distributors and a further $12,000 to the NRC. A fourth member, Troy Churton, is ordered to pay costs of $17,850 to Westpac Mussels Distributors and $4000 to NRC.

The group consists of mostly elderly and retired citizens and said any costs award against them would be "really scary".

"It's quite a shock what the Environment Court has awarded. We are just four individuals but we have hundreds of supporters around who back what we are doing," Mr Keys said.

He said a possible Maori land claim against the court's decision may save his members from paying the costs awarded. The claim is spearheaded by the Wakaminenga o Nga Hapu Ngapuhi group which represents 26 hapu in Whangaroa.

Group spokesman Mr Smith claims names of trustees that represent Maori landowners of Stephenson Island which was submitted to the Environment Court as part of the resource consent application were wrong.

"So the Environment Court acted illegally by recognising trustees that don't exist who are supposed to be acting in a joint venture on the farm with the company (Westpac Mussels Distributors)," Mr Smith said.

Reacting to Mr Smith's claim regarding names of trustees, Dave Antunovich of Westpac Mussels Distributors said his company submitted a list of names it believed was correct at the time the resource consent application was made.

Marine engineers, he said, were currently working on designs and he hoped the marine farm would to be up and running in a few months.

Mr Smith said members of the hapu he represented have not made a decision whether or not to support the new mussel farm because they had not been consulted before the consents were issued.

The Group was expected to make an application in the Maori Land Court in Whangarei tomorrow that the names of trustees it currently has in its record be officially made public.