Hilton wins latest legal round over public access

An exclusive hotel on Auckland's harbourfront has won the right to lock a public viewing deck at night after three years of legal wrangling.
But the case had an unexpected twist when it was discovered the $200 million sprawling hotel, apartment and shops development on Princes Wharf had no legal right to occupy the wharf.

Auckland Regional Council chair Mike Lee said the Hilton Hotel wanted the 1000sq m viewing area at the northern end of the wharf locked "to keep the grimy public out".

"We went down fighting - but it means a private concern has been given control, even for a few hours, over something which was the public's by right."

The lawyer for Princes Wharf companies PW Investments and PW Hotel Ltd, Russell Bartlett, welcomed the decision. "There was no need to keep the whole thing open 24 hours a day."

The ARC's wrangle with the companies - part of developers Kitchener Group - began in 2002 during the America's Cup regatta, when the Hilton cordoned off the first-floor platform for private functions. The ARC issued an abatement order, but the hotel argued at a council hearing for the deck to be closed at 8pm in summer and 6pm in winter after concerns about drunken bar patrons having unlimited access to the deck.

The decision went in favour of the ARC, with access to be granted at all reasonable times. The companies appealed to the Environment Court and in his just-released decision, Judge Laurie Newhook agreed views from the deck were "undoubtedly stunning", but it could be closed between 11.30pm and 6am for safety reasons.

The judge added "common sense should prevail" when it came to agreeing when the deck should be opened during special events.

The discovery the Princes Wharf development had no licence to occupy the wharf provided "something of a diversion", the judge said. Mr Bartlett was confident there was no real legal problem because the development was given the green light through special legislation.