Conservation Minister made 'carefully considered' decision

Chris Carter

Prime Minister Helen Clark has backed her conservation minister in his decision to veto construction of a marina at Whangamata.

The Whangamata Marine Society is seeking a judicial review of the controversial decision.

It spent $1.2 million on applications and hearings over the last 12 years, a process that ended with the Environment Court giving the project the go ahead.

However, earlier this month Conservation Minister Chris Carter, who had the final say on the marina, ruled against it, saying he would not allow "a saltmarsh to be turned into a carpark".

Helen Clark today told Newstalk ZB Mr Carter followed the proper process, and made a carefully considered decision.

The prime minister was questioned on how Mr Carter made the decision after he told the Weekend Herald his instinct was to protect the environment.

She said the decision was not made on instinct and Mr Carter received a large amount of advice from officials which would have guided his decision.

"He would have had a large body of advice from the Department of Conservation because when the Environment Court makes a recommendation, and remember it is a recommendation not a decision, then the minister must make a decision taking into account that recommendation.

"That's a very carefully considered decision."

Such decisions were always open to judicial review.

Marina Society chairman Mick Kelly said yesterday the group had voted on court action to challenge the minister's decision.

"We are hoping for consents eventually for the marina but this action won't achieve that."

He said the court challenge aimed to get the High Court to overturn Mr Carter's decision -- "and either direct him to make it again on proper grounds or direct him to send it back to the Environment Court".

Mr Kelly said the group was confident the action would succeed.

"Our legal opinion tells us we have a better than average chance."

Mr Carter defended his decision in Parliament last week, saying he was protecting a valuable natural zone.

"I am not satisfied that turning an area of high ecological values into a car park and dredging a canal through shellfish beds used by local people is appropriate," Mr Carter said.

Mr Carter's decision outraged developers after their long and expensive campaign seeking resource consent approval.

The project was planned as a 205-berth marina, 1km inside Whangamata Harbour.

- NZPA