KEY POINTS:
Residents of the Gulf Harbour Marina resort are considering court action to stop apartments being built on what they say is a popular public reserve.
The chequebooks came out to support a legal battle after a public meeting attended by 240 Whangaparaoa Peninsula residents was told the marina owner claimed to have the right to lease and subdivide the "Hammerhead" area at the marina entrance.
It is used for picnics and parking by ferry and boat ramp users.
Meeting convener Rod Klarwill said people always assumed the land, which was reclaimed from the sea during marina construction, was public reserve.
However, marina owner Gulf Harbour Investments is asking the High Court to make Rodney District Council subdivide the land and lease it to the company.
Alternatively, it is claiming $45 million in damages - an estimate of what it could earn from developing 300 apartments on the Hammerhead.
The company says the council is obliged to meet its demands under a 1985 development licence issued to the previous marina owner, who built it.
The court case is due this month. But Mr Klarwill said his group, Vision Gulf Harbour, feared the council would give in to the developer's pressure rather than suffer a damages payout.
The group has printed postcards for the public to send to MPs asking for their direct intervention in a proposal "to give a developer a 150-year lease over this reclaimed land to build four-storey blocks comprising 300 apartments".
The postcard says: "This land is widely regarded by local people as an area for the public to enjoy.
"It is extensively used by boaties, picnickers, ferry parking, mobile homes and public events such as yacht and power boat races.
"In 1985, the Commissioner of Crown Lands recommended that 90 per cent of the Hammerhead be public reserve."
Mr Klarwill said the possibility of seeking a court injunction to prevent the lease was being explored and a complaint had been made to the Ombudsman over the lack of public consultation on disposal of the reserve land.
A Rodney District spokesman said the council could not comment because it was the defendant in Gulf Investments' court action.
However, a year ago the council stated it disputed the claimed rights and refused to subdivide and execute the leases.