Court cans mussel farm to protect walkers' views

The judge ruled that the planned mussel farm would spoil the outlook.

The Environment Court has ruled against a proposed 30ha mussel farm in the Kaipara Harbour partly because it would ruin the view for walkers.

The farm, off Te Kawau Pt on South Kaipara Head, was approved in 2001 by the Auckland Regional Council despite its staff advising against the proposal by Biomarine Mussels.

Kaipara Forest and Bird appealed against that decision and the court has found in its favour.

The court said although the proposal had benefits, they would be outweighed by the adverse effects on the high natural character present, and on amenity and potential recreational values.

"We consider the existence of and prominent visibility of the proposed farm structures from walkable areas in this location would not enhance the public access experience along this section of the coast," said Judge Laurie Newhook in his decision.

That applied to the area between the farm and the coast and to areas north to Mosquito Bay and south to Omokoiti and the new regional park.

Judge Newhook found that although walks along the coastline were more likely to be done by relatively small numbers of local people, there was significant potential for the scale of walking to increase.

Kaipara Forest and Bird convener Suzi Phillips said it was an important victory for all the Kaipara communities because it protected the natural heritage values of the harbour and also acknowledged the significant recreational values of the area.

Forest and Bird was now raising funds for another legal challenge over a proposal for a 104ha oyster farm in the middle of the harbour.

Jim Dollimore, a director of Biomarine Mussels, said the company had not had a chance to consider the decision and would discuss it in the next few days.