Boaties to fight marina veto

Outraged Whangamata boat owners and marina supporters are vowing to fight Conservation Minister Chris Carter's decision yesterday to veto the $10 million coastal development.

The marina was approved by the Environment Court three months ago after a 14-year battle.

Supporters say they will seek a High Court judicial review of the minister's decision.

Mr Carter offered them some hope yesterday, saying he was prepared to look at the issue again if the High Court ruled against him.

Under the Resource Management Act the Conservation Minister is given the final say over whether to issue permits for restricted coastal activities.

Mr Carter said he took the decision alone. None of his colleagues, including the Prime Minister, had discussed it with him.

He denied that the decision had anything to do with the Government's foreshore and seabed legislation.

He was mainly concerned to protect a tidal saltmarsh and shellfish beds.

"It was a very tough call because people feel very passionately about both sides," he said.

"The evidence before the Environment Court in their own words, was, particularly on the issue of the saltmarsh, conflicting."

He based his decision on fears of a loss of enjoyment of the shellfish resource, "and the significance of the area for iwi".

By statute, no other factors could be, or were, taken into account.

Environment Waikato's chairwoman Jenni Vernon said she was disappointed at the decision.

"While it is within the minister's legal rights, I am surprised and disappointed that [he] has chosen to overturn all these years of due process."

Mr Carter said the decision had "excited a lot of email traffic and a lot of letters to me - I have to say overwhelmingly against the marina, but that wasn't the basis of my decision.

"Surfers, for example, are deeply concerned about the marina proposal but in the end I couldn't consider those issues because the Environment Court didn't consider them in depth."

The decision was not just about money.

"We don't want to get into a situation where money buys anything in this country."

The decision brought comparisons yesterday with Hopper Developments' fight to win permits for its construction of the Whitianga Waterways in 2000.

Then, too, a conservation minister, Sandra Lee, scuttled the Environment Court's recommendation by taking into account a little-known piece of legislation, the Hauraki Gulf Marine Park Act.

Outrage at the decision caused Acting Prime Minister Jim Anderton to intervene.

Within two weeks, the controversy went to a select committee and Parliament passed a motion to issue permits.

But Hopper Developments managing director Leigh Hopper said the basis on which Mr Carter made his decision was likely to be slightly different from the logic applied by Ms Lee.

He urged the community to rally around the Whangamata Marina Society if it wanted a marina.

"It [Mr Carter's decision] doesn't sound like natural justice."

The society has spent $1.3 million on the process over 14 years.

Mr Carter said he expected a judicial review could result, but even that would go back to him for a final decision.

"I'm not a bloody-minded or unreasonable person. I have taken my powers very seriously and looked at it very closely."

He was quite prepared to look at the issue again.