KEY POINTS:
North Shore Mayor Andrew Williams says the law is on his council's side in pulling out of the deal to run a proposed airport at Whenuapai.
The council yesterday posted its letter of resignation from holding shares in the North West Auckland Airport company to the other shareholders - investor Infratil, Rodney District Council and Waitakere City Council.
"There's no airport as such, it's only a paper company and all we are saying is we would like to gracefully withdraw," said Mr Williams.
He and most of the councillors elected in last month's elections opposed a commercial airport on environmental grounds.
But use of the air base for civil flights is touted as an economic and traffic jam remedy by Waitakere Mayor Bob Harvey.
He is disappointed with North Shore's flipflop on flights.
He warned the council that its deal legally binds it to support a commercial airport.
"They can just be a silent partner and ensure their council reaps the benefits ... but legally, if they bad-mouth the project, they can be sued as a council," Mr Harvey said.
He said pulling out of the company requires the agreement of its board of directors. However, none has been appointed.
Mr Williams said his council believed that any contract of the former council was overridden by its obligation under the Local Government Act to take into account the social, economic, environmental and cultural wellbeing of its communities.
The council must comply with the act's requirement for assessing options, identifying costs and benefits and effects on communities.
Mr Williams said the new council had concerns that the former council did not comply with the act's requirements, in particular when former Mayor George Wood used his casting vote to force the airport deal through.
Rodney council executive officer Ray Ginnever said his council was not considering breaking off the deal.
"But nobody wants to start off with a litigation environment."
