Carter passes marina decision to Benson-Pope

Iwi are "very disappointed" that Conservation Minister Chris Carter has stepped back from making a call on Whangamata's controversial marina project, while supporters of the 205-berth construction are rubbing their hands with glee.

Yesterday Mr Carter said he could no longer be involved in deciding on the necessary coastal permits and resource consents.

Citing perceived bias in any final decision he might reach, Mr Carter passed the big call on to his colleague, Environment Minister David Benson-Pope.

"Although I am certain I could make a new decision, it is imperative people on both sides of this issue see the decision-maker as impartial," Mr Carter said.

"If I were to make a second decision it could be perceived as tainted by my original decision and the events following it, regardless of what decision I made."

Mr Carter added that he would not be appealing the High Court decision handed down by Justice John Fogarty, in which the minister was directed to revisit his decision.

Mr Benson-Pope now has 35 working days to signal either a green or red light to the proposal for construction of the $10 million marina and its associated car park.

A spokeswoman for Mr Benson-Pope's office said the Environment Minister had exactly the same powers as Mr Carter had as Conservation Minister, meaning the power of veto could be transferred among the ministers.

The saga has highlighted how laborious consultation processes can become under the Resource Management Act, although the emergence of the Foreshore and Seabed Act is suspected as having complicated the situation.

The timing of the new act's introduction is seen by some to have markedly increased the political stakes.

Yesterday iwi reacted strongly to Mr Carter's sudden withdrawal from the decision-making process.

Hauraki Maori Trust Board chairman Toko Renata said he was "very disappointed" at the news.

"That leaves us in the lurch. The last talk we had with him before his original decision we talked about the Foreshore and Seabed Act. Now he's jumped ship, where does that leave all the objector groups?"

Discussions over the Foreshore and Seabed Act had centred on the public's right to access any part of the coastal strip under the legislation, Mr Renata said.

"In our view there is no right to give exclusive rights to 205 boat owners at the public's expense. "

He said he trusted that Mr Benson-Pope would "uphold what Chris Carter's original decision was".

The marina society and its lawyer, Mai Chen, were upbeat on hearing the news that Mr Carter had absolved himself of making any decision.

Society president Mick Kelly said he "did not know what to make of" Mr Carter's withdrawal, but he held every confidence in Mr Benson-Pope's ability to take on the new responsibility.

"We're a little bit more optimistic. I do see an end in sight. It looked as if things were getting away on us but we're catching up on it again now."

Ms Chen said supporters were "obviously delighted".

"I'm simply looking forward to the new minister getting on with it."

Although the call was in Mr Benson-Pope's hands, the "practical reality" was that it would be discussed among the entire Cabinet.

"It's not about the court of law, it's about the court of public opinion," Ms Chen said.


Marina row

* A year ago an Environment Court decision said the marina could go ahead, after a 12-year fight between the Whangamata Marina Society and its opponents.

* But the decision relied on the rubber stamp of the Conservation Minister, and, after seeking the views of other groups in Whangamata in January, Mr Carter scuppered the project at its final hurdle.

* The marina society appealed to the High Court, which last month directed the minister to set aside his veto and reconsider the argument.

* The judge said the minister should not have revisited evidence already put before the Environment Court.

* Now Mr Carter has walked away from deciding the fate of the marina, handing the decision over to his colleague David Benson-Pope.