Marina backers want Carter out after 'dent to credibility'

Backers of a marina at Whangamata say Conservation Minister Chris Carter is no longer "credible" and should step aside to let someone else make a decision on whether it should finally go ahead.

"There is a dent in his credibility and the minister at the very least should delegate the decision to another minister," said Whangamata Marina Society president Mick Kelly.

But Mr Carter said the High Court had confirmed him as "decision-maker" and, "as indicated when I first announced my decision, I remain willing to reconsider the issue".

The minister also defended the cost of the case to taxpayers after criticism from National MP Nick Smith.

Ruling in the High Court at Wellington on the marina case, Justice John Fogarty said the society was entitled to costs. Those could reach $200,000 or more. Mr Carter said it was "likely I would have been judicially reviewed by one group or the other, regardless of my decision".

Society lawyer Mai Chen said the judge's ruling was "appeal-proof".

The judge had given Mr Carter detailed directions on what he could and could not do. "The society considers, if he follows those steps, he can't possibly come to the same decision he came to last time," she said.

Whangamata surfer and marina opponent Paul Shanks disagreed.

"The key finding of the [High Court] was that he was not biased, he still has jurisdiction over the final decision," he said. "I don't think Mr Carter is going to change his mind."

The marina issue has been causing controversy in the small Coromandel town for more than 10 years.

Iwi are concerned it will damage shellfish beds, and surfers say it will have a detrimental effect on Whangamata's famous surf break.

The society estimates it has spent over $1 million to get the 205-berth marina through the resource consent process and thought it had the green light late last year when the Environment Court recommended it go ahead.

But Mr Carter used special powers under the Resource Management Act to effectively overrule that by refusing to issue the required coastal permit.

The society then applied for a judicial review of his decision and the court set his decision aside. He must now reconsider, but could confirm his original refusal.


THE STORY SO FAR

* May 1992: First marina society meeting.

* July 1998: Department of Conservation signs consent order for marina, essentially withdrawing previous objections.

* October 2005: Environment Court approves marina.

* March 2006: Conservation Minister vetoes marina.

* September 2006: High Court overrules veto.