Marina case begins in High Court

It took the Whangamata Marina Society nine years, 27 hearing days and a million dollars before Conservation Minister Chris Carter rejected their plan for a $10 million marina development.

Hearing day 28 began yesterday in the High Court at Wellington, as the society launched a judicial review of Mr Carter's decision to ignore an Environment Court recommendation supporting the marina proposal and to scupper the project.

The case, before Justice John Fogarty, raises questions about ministerial decision-making powers.

Marina society lawyer Mai Chen said only one other case was distinguishable where a minister had departed from an Environment Court recommendation - when then Conservation Minister Sandra Lee shortened the proposed duration of a permit.

Ms Chen said marina supporters had grown old waiting for the project to start and some had died. Many of those supporters were in court yesterday, as at various times were New Zealand First leader Winston Peters, his deputy Peter Brown, and Coromandel National MP Sandra Goudie.

Ms Chen said Mr Carter's decision to dash the marina society's hopes was illegal, unfair, irrational and disproportionate.

She presented emails to the court which showed Mr Carter's own staff were alarmed about his trip to Whangamata.

"Everyone is rightly nervous about the minister's meeting on this subject," one said. "You'll need to ensure the minister is well-briefed about the sensitivities before he meets with anyone on this, and ensure he ventures no view to anyone."

The society was one of several groups which met Mr Carter that day.

However, anti-marina groups far outnumbered pro-marina groups, and local iwi opposed to the marina were allowed more than the two representatives other groups were allowed.

The iwi spent almost an hour longer than their allocated time with Mr Carter, Ms Chen said.

Concerns about access to kaimoana and the conservation value of the existing salt marsh were cited by Mr Carter as reasons for his decision to veto the marina development.

Mr Carter will not appear in court. His decision will be defended by Bronwyn Arthur, for the Attorney General. The case is due to finish tomorrow.