National takes on marina fight with legislation bid

The National Party is sponsoring a bill that would reverse the Government's Whangamata marina decision and prevent the Conservation Minister from over-ruling the Environment Court in similar cases.

The private member's bill is being promoted by the Whangamata Marina Society and National MP Nick Smith will put it into the ballot for such bills.

It follows last week's decision by Conservation Minister Chris Carter to reject an application that the society spent $1.3 millon and 14 years preparing.

The court had backed the proposal, but Mr Carter said his decision was based on the 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.

The court's powers are recommendatory only.

The bill, prepared by law firm Chen Palmer, would make the Environment Court the final decision-maker for resource consents relating to coastal activity.

It would be retrospective, effective from October 26, when the court granted the society planning consent.

Society chairman Mick Kelly said he was grateful for the support of both National and United Future and would lobby other politicians.

The law had been brought into "disrepute" by the decision, he said.

A judicial appeal is already planned and Mr Carter has said he would look at the issue again if the High Court ruled against him.

A spokesman for Mr Carter said the decision-making power was there to reflect the public interest in the coast, particularly for developments on public space such as marinas.

Mr Carter had received about 25 similar applications a year since he had the portfolio and this was the first he had turned down.