Kawau Island jetty owners rue court ruling

By WAYNE THOMPSON

Kawau Island jetty owners are angry at a Court of Appeal ruling that permits the public to use private jetties to get to beaches.

The decision arose from an access dispute on the island, which has about 60 private jetties. Some residents have spent up to $100,000 building a jetty.

Vivian Bay owners Lyn and Alan Hume pursued the appeal after feeling aggrieved by rulings of the High Court and Environment Court.

Their appeal was opposed by the Auckland Regional Council, the Department of Conservation and the Rodney District Council.

ARC environment committee chairman Brian Smith said the decision vindicated the ARC stance in defence of the fundamental public right to access the coast.

But the Humes' lawyer, Kitt Littlejohn, said Justice Andrew Tipping's ruling limited "to a certain extent" the amount of use the public could make of jetties.

The public could use the Humes' jetty providing they did not unreasonably impede the couple's access to and use of it. For example, no one else could indefinitely tie his or her boat to the jetty because that would prevent the Humes using of it.

The decision meant the Humes could still take out an enforcement order against anyone who was using the jetty for purposes other than to gain access to the coastal marine area.

Mr Littlejohn said there was much interest in the case by the boating community, port companies and marina operators over concerns of free use of moorings and marinas.

"Anyone who thinks they can now tie up their boat to a marina would be sadly mistaken," he said.

The regional council said allowing public access minimised the structure's intrusion into public land.

nzherald.co.nz/marine