Whangamata marina decision 'illegal, irrational, unfair'

Conservation Minister Chris Carter's decision to veto resource consents for a marina at Whangamata was illegal, unfair, irrational and disproportionate, the lawyer for marina supporters said today.

In front of a packed public gallery of about 70 marina supporters in the High Court at Wellington, lawyer Mai Chen outlined the Whangamata Marina Society's bid to have Mr Carter's decision reversed via a judicial review.

Ms Chen said Mr Carter had gone beyond his statutory powers by holding a series of meetings in which he took in new evidence outside the previous Environment Court proceedings.

The Environment Court had recommended consents be granted for the $10 million, 205-berth marina but Mr Carter vetoed it on the grounds its carpark would destroy a saltmarsh and of Maori concerns over seafood gathering.

Ms Chen said in many cases groups who had not been party to the Environment Court proceedings lobbied the minister and marina advocates were not given adequate opportunity to respond to their claims.

These things went against the process of natural justice, she said.

Justice John Fogarty, hearing the case, said a crucial factor would be deciding how free the minister was to act as a politician under the Resource Management Act, or how strict its boundaries were.

The society has spent $1.3 million over 13 years in a bid to get the project off the ground.

Court papers previously released to media showed Conservation Department officials held concerns over the process Mr Carter followed in vetoing the marina.

They also initially advised him to accept the Environment Court's recommendation. The hearing is set down for three days.

- NZPA