Port reconsiders Privy Council appeal

By RUTH BERRY

The Port of Marlborough conceded yesterday that it was unlikely to go to the Privy Council to contest the Court of Appeal's foreshore and seabed ruling.

The port company lodged an application with the Privy Council last year to appeal against the Ngati Apa decision, which found the Crown did not, in most cases, own the foreshore and seabed.

In the wake of the Government's decision to create legislation placing the foreshore and seabed in Crown ownership, it was not widely expected to proceed with the case.

But it has kept its options open as a bargaining chip during port company negotiations over the legislation.

Federated Farmers told the parliamentary select committee hearing submissions on the bill yesterday that the Government should not make final decisions on the legislation until the Privy Council had ruled.

But Port of Marlborough chief executive Sean Bolt said that although the company had yet to make a final decision about the appeal: "I guess in one sense it is unlikely".

The Privy Council hearing date has been set for November 15-16.

The case is being worked on and it is required to be submitted by September 17.

Mr Bolt said a decision had not yet been made on whether it would be submitted, but if it was it would not signal it planned to go to a hearing. The Government wants the legislation passed by Christmas and the Privy Council would not report back before then.

Mr Bolt conceded this and the fact the Crown planned to legislate regardless of any Privy Council finding raised questions about the point of proceeding.

Port companies have raised concerns about clause 100 of the bill which prohibits reclaimed land being vested in individuals and limits leases to 50 years.

The legislation would apply retrospectively to 2001.

But Deputy Prime Minister Michael Cullen has already suggested he is sympathetic to the port companies concerns.

His point of view is a factor likely to further dissuade the Port of Marlborough from proceeding with its case.