Greg Smith: Fund reinforces guardian's aim

Murray McCully of the National Party has come out strongly against the Environmental Legal Aid Fund. The Auckland Volcanic Cones Society would like to set the record straight regarding its own court cases.

At no point was the society in "opposition" to the construction of State Highway 20. This was accepted by all parties concerned and was clearly reported in the press for politicians like McCully to read.

The aim of the court cases was to get a better outcome for the Mt Roskill volcanic cone than Transit NZ was offering, or the bureaucratic agencies such as Auckland City, the Auckland Regional Council and the Department of Conservation had been able to achieve.

All parties to the case accepted that what was proposed for Mt Roskill would have a major adverse environmental effect.

In summing up, Judge Treadwell said: "The approach of Auckland Volcanic Cones Society was accepted by Transit, ARC and ACC, who were all of the view that if at all possible the motorway carriageway should be moved from the Mt Roskill cone. The argument was essentially 'How far?' It was perfectly proper to ask this court to finally balance that evidence."

As a result, even though the society lost, no costs were awarded against it.

A positive outcome of the case for the society, however, was that the Environment Court acknowledged in its decision the national and international importance of Auckland's volcanic cones.

An even bigger outcome was that a wider public interest has now been taken in Auckland's volcanic heritage, with a bid being made for World Heritage Status, not only by the society but by other public bodies and organisations.

Auckland is in a phase of rapid development. Admit it or not, such development can come only at a big cost to the natural and existing built environment. If Aucklanders want the economic growth that both major parties are pushing for, then this basic reality must be accepted.

The Auckland Volcanic Cones Society believes that in the face of such growth a clear decision has to be taken about what will be preserved. The cones are the main landscape statement for the region and if they are stringently protected - even enhanced, as the District Plan and Auckland Regional policy statement seeks - then Auckland will remain recognisably Auckland whatever development takes place.

The society did receive $42,500 as stated by McCully. This reimbursed the costs of the barrister and the expert witnesses who charged for their services. Huge planning time was put in gratis by the society's committee, as well as by independent legal and professional advisers.

Through the society's persistence and by raising public awareness of the cones, legislation was uncovered in the form of the 1915 Act that had direct relevance to the case.

Transit NZ accepted the provisions of this Act and, in a collaborative agreement with the society, undertook to revise its design approach to the mountain.

The outcome is that we have achieved a result better than that originally offered by Transit NZ, or that sought in court by the society.

If McCully still thinks that this was a waste of $42,500 of the taxpayers' money, then perhaps he should also be investigating the hundreds of thousand dollars of taxpayers' money spent by Transit NZ in fighting the society.

The society has no wish to fight past battles with McCully but does wish to acknowledge the Environmental Legal Aid Fund and its importance for New Zealand's future.

Growth in New Zealand will be a balancing act, with no single side having all the best answers. Community groups have a valuable input and it's unrealistic to think developers would embrace that a matter of course.

Taking a case to the Environment Court is no small matter for any organisation, whatever its financial position.

The fund does not reimburse all costs but it gives community groups confidence to proceed with what they believe in. This must be a good thing for New Zealand.

* Greg Smith is a member of the executive committee of the Auckland Volcanic Cones Society.