Government in court over Queen's Chain cut

The North Shore City Council has taken the Government to court over its decision to allow a cut to the "Queen's Chain" on reclaimed land at Bayswater Marina.

But Bayswater Marina Development says the council is merely seeking to take control of large areas of the marina, even though it made no contribution to the $25 million development costs.

The company is negotiating a lease with the Conservation Department, but under the Conservation Act any Crown foreshore land being sold or disposed of is deemed to have a 20m strip.

The act lets the Minister of Conservation reduce the width in certain circumstances. Last March, the minister agreed to let the company reduce it to 9m.



The council is now seeking a judicial review of the minister's decision. Yesterday, in the High Court at Auckland, Justice Tony Randerson reserved his decision.



Raynor Asher, QC, representing the council, said the most relevant issues were public access and recreation.

The reclamation consents were granted on the understanding that the land would be used for a maritime centre with significant public facilities and open space.

But the marina company had pursued intensive development of the land and had not kept its part of the bargain with the Bayswater community. The public stood to lose 11m of the Queen's Chain - "a hugely valuable and finite resource in New Zealand".



Malcolm Parker, appearing for the minister, maintained that the law had been applied correctly.

The strip could be reduced in width without affecting its value or utility to achieve the purposes under the act.

It was not a case of a natural foreshore which was an important feature of the locality and which had a history of public use.

The reclamation was planned on the basis that no marginal strip would be required.

There was no suggestion that the reduction in width prejudiced the rights of the public to walk, jog or cycle around the foreshore of the reclamation.

Mary Peters, representing the company, said the marina was granted consents by the Waitemata Harbour Maritime Planning Authority in 1989.

When the Resource Management Act came into force in 1991, the various authorities relating to the marina were deemed resource consents.

Under other legislation in 1991 the seabed, which had been vested first in the Auckland Harbour Board and then in the Auckland Regional Council, was transferred to the Crown.

"At the time the various authorisations were granted, the seabed was not Crown land so the act, and specifically section 24 [relating to marginal strips], did not apply."

The concept plan had been approved without any marginal strip or its equivalent.

Ms Peters said that the marina development, which took from 1994 to 1996, had been massive, costing $25 million.

"It is obvious that no commercial enterprise will undertake works of such magnitude unless it can rely on the consents it was given and has security of tenure."

She said the city council wanted complete control of large areas of the marina.

The company was resigned to losing 9m of the land on which it was to have a lease, yet the council wanted a larger area "to which it has contributed nothing".


The story so far

* 1989: Bayswater Marina granted planning consents by the Waitemata Harbour Maritime Planning Authority.

*1991: Resource Management Act comes into force; authorities relating to the marina are deemed resource consents. Under other legislation the seabed is transferred to the Crown.

*1994-96: The marina is developed at a cost of $25 million.

*March 2002: The Minister of Conservation allows the developers to reduce the marginal strip of land held by the Crown at the water's edge from 20m to 9m.

*Now: North Shore City Council seeks a judicial review of that decision.

Further reading: nzherald.co.nz/marine