Society takes Whangamata marina battle to High Court

The Whangamata Marina Society has moved to have Conservation Minister Chris Carter's decision to veto plans for a $10 million marina at Whangamata tossed out by the High Court.

Society president Mick Kelly and the society's lawyer, Mai Chen, today filed an application for a judicial review of Mr Carter's decision in the High Court at Wellington.

Mr Carter, who had the final say on the marina, prompted outrage from marina supporters last month when he vetoed it - against the Environment Court's recommendation.

Mr Kelly today said the society and its legal team were convinced Mr Carter had not followed proper process in making his final decision.

Mr Kelly and Ms Chen said among Mr Carter's "mistakes" were:

* Reinvestigating evidential findings of the Environment Court, outside the allowed statutory process;

* Placing undue weight on Maori and environmental considerations;

* Considering new matters in his decision, when any new matters should have been referred back to the Environment Court;

* Deciding the matter before hearing from the society, which breached natural justice;

* Acting inconsistently with an agreement with the previous government in the 1990s;

* Misunderstanding some matters of fact.

Mr Kelly said the society felt it had suffered a "serious miscarriage of justice".

He said Mr Carter had disregarded the statutory process either willingly or due to bad advice.

"We invested a huge amount of time and resources in going to the Environment Court just to have the minister come in over the top and render the court proceedings null and void."

The society has spent about $1.2 million on hearings over the past 12 years and Mr Kelly said the new round of court action would cost more than $100,000.

But even if the society lost, it was determined to take the matter to the Court of Appeal, he said.

Ms Chen said the application sought compensation for costs of around $100,000 as well as compensation for breaches of the society's rights.

The society was seeking an urgent hearing, as delays could result in changes to policies or the environment that could lead to additional matters having to be referred to the Environment Court.

It would be asking the court to initially consider its application on April 26.

As part of its case it would also seek to compel some crown employees to testify, Ms Chen said.

The society was also looking to compel testimony from Waitakere Mayor Bob Harvey, who sent out an email, three days before the final decision, urging people who agreed with a veto to "drop him a line" so Mr Carter could say that most of those who contacted him backed his decision.

Ms Chen said Mr Harvey and Mr Carter had met prior to the email and it suggested Mr Carter's final decision had already been made.

The project is planned as a 205-berth marina, 1km inside Whangamata Harbour.

- NZPA