After three years of wrangling and a court case, the dispute over a few metres of prime Auckland waterfront appears finally to be over.
Kitchener Group companies PW Investments and PW Hotel, owners of the $200 million Hilton Hotel at the northern end of Princes Wharf, and Auckland Regional Council have been battling since 2002 over a first-floor viewing platform that was cordoned off by the hotel during the America's Cup regatta.
The ARC issued an order to force the hotel to stop blocking access to the deck as it was meant to be open to the public as part of the resource consent that allowed the hotel to be built.
The Hilton argued it should be allowed to close steel gates leading to the deck at night because of concerns about it being used by drunks.
The argument went to the Environment Court where Judge Laurie Newhook agreed the hotel could lock the deck's gates from 11.30 at night to 6 in the morning except during special harbour events and an hour either side of the arrival or departure of a cruise ship berthed at the wharf.
In his just-released final and detailed decision, the judge also ordered the hotel to erect signs at the entrance to Princes Wharf directing the public to the deck, another sign with directions nearer the deck itself and new, permanent public seating for more than 20 people.
Kitchener Group chief executive Chris Aiken was happy with the outcome and said the company was also offering to pay for special paving, currently being laid along Quay St, to extend into Princes Wharf and lead around to the deck.
An infringement order and fine of $500 issued by the ARC over the gates recently being found locked at 7pm was a mistake by the company's security company, he said.
"That's pretty tough but if we have to pay the fine, we'll pay the fine."
While ARC chair Mike Lee was not happy the deck would be locked at all, his council gets final say on what signs are erected where and how prominent they must be.
"They need to be reasonably prominent," he said.
The offer to pay for special paving was a positive sign and he hoped the saga was now over.
"One would hope it's the final chapter."
Viewing deck row settled
AdvertisementAdvertise with NZME.