Marina supporters to appeal Conservation Minister's veto

The Whangamata Marina Society is to file a judicial appeal against Conservation Minister Chris Carter's decision to block the development.

Society president Mick Kelly confirmed yesterday the appeal would proceed, unless a second legal opinion contradicted advice given by law firm Chen Palmer.

The appeal would claim Mr Carter had acted outside his powers and was influenced by matters he shouldn't have taken into account.

"There are some constitutional law grounds, like natural justice and Bill of Rights [issues] as well."

Society members were yet to approve the extra spending involved in taking the case, but Mr Kelly said he was sure they would support it.

"The feeling is so strong that it was an unjust decision, the membership don't want to lie down and let it go."

He did not want to elaborate further on the details of the case, expected to take about six months to be heard.

"The All Blacks don't train in front of the opposition, do they?"

Mr Carter this month rejected an application for a resource consent for a marina that the society spent $1.3 millon and 14 years preparing.

The Environment Court had cleared the way for the consent, but Mr Carter said there was a need to protect a tidal saltmarsh and shellfish beds.

Under the Resource Management Act the minister gets the final say over whether to issue permits for restricted coastal activities.

When the society first flagged a potential judicial review, Mr Carter said he was prepared to look at the issue again if the High Court ruled against him.

Mr Kelly said the High Court could quash Mr Carter's decision and issue directions on what a new decision should be based on.

It could also send the matter back to the Environment Court.

The society had been told it was unlikely it could make a case for compensation for the money it had spent, but would have a case for recovering the costs of the appeal.

Mr Kelly was in Wellington lobbying politicians last week and said at least of couple of Labour MPs, including a minister, had told him they believed the law empowering the Conservation Minister to make such decisions was wrong. He wouldn't say which MPs he'd spoken to.

Labour MP Dover Samuels said the process was convoluted and lacked certainty.

It could be substantially dealt with if regional councils were empowered to designate potential sites for marinas, or other coastal developments, when preparing coastal plans.

Regional councils had recently been charged with identifying AMAs (Aquaculture Marine Areas) in their coastal plans. The process enabled all interested parties - including the Government - to make submissions.

This meant developers would have a much better idea of whether, if they met RMA requirements, a project was likely to be approved.

"I've always said it was a convoluted process in terms of following the RMA. I've always advocated that councils, in developing their coastal plan, should put into place zonings, whereby any group that wants a marina or similar facilities has more certainty."