Sandspit is home to 430 residents, 22 species of shore birds and a plan that has locals divided.
Against the backdrop of Kawau Island, oyster catchers and godwits feed at the low tide. Michael Taplin squelches across the salt marshes to the edge of the estuary and surveys the site of a proposed marina.
The local resident is spokesperson for Save Our Sandspit Incorporated, a 61-strong group opposed to a marina in Sandspit. But he says taking that message to the Environment Court has been hard work and expensive - another example of the issue we highlighted last week in our story about Balmoral and Pt Chevalier residents trying to stop McDonald's expansion in their neighbourhoods.
The Sandspit Yacht Club Marina Society, a branch of the Sandspit Yacht Club, sought consent in 2009 for the 131-berth marina on land it has leased for 35 years [see below].
The consent was approved only in part, and in January the Marina Society and the Sandspit supporters ended up in court to fight for their causes. The judge's interim decision suggests consent will be granted.
Mr Taplin says Save Our Sandspit (SOS) is made up mainly of Sandspit residents, while most support for the marina proposal comes from those living further afield.
The Aucklander first met the group in November 2010 when two residents spoke of their fears ("Split over Sandspit") over the planned two breakwaters and four marina piers, in front of the yacht club's property.
Mr Taplin says the 2010 council amalgamation complicated the legal process for those opposed to the marina. "We were the unintended victims of the confusion created by the hasty formation of Auckland Council."
In its preparations for the Environment Court hearing, the Sandspit group tried to establish the Auckland Council's position on the marina.
"We ran into a lot of difficulty dealing with them and the meetings we had were absolutely inconclusive," says Mr Taplin. The group tried for 10 months to get face time with mayor Len Brown.
Mr Taplin says although the eventual meeting left them feeling positive, during pre-hearing mediation it became clear Auckland Council legal representation were more focused on whether there would be enough carparks, rather than on assessing whether the marina would have a negative impact on the area.
Given the previous ruling by the Rodney District Council to oppose the development, Mr Taplin had expected some support from council. "But we finished up being the only organisation that was opposed to the eventual decision to approve the marina, and that's a ridiculous position because it's almost impossible to oppose city hall."
Funding was another challenge. "It's inordinately expensive to take anything to the Environment Court. It's always going to be a David and Goliath battle," says Mr Taplin.
The Sandspit group received a $38,000 grant from the Ministry for the Environment to help with costs, and donations from members and the public more than doubled that sum, enabling the group to engage legal representation.
The Environment Court hearing lasted six days, an experience Mr Taplin says was frustrating. "Collectively we had put in hundreds and hundreds of hours gathering evidence but only five SOS members were called to give evidence and their scope was limited by the questions asked by counsel for the Marina Society and Auckland Council. They felt they had not been heard."
The group is awaiting the final decision, which is dependant on conditions being finalised. "For us, the remaining issue is: can we agree on a robust set of conditions that will protect the interests of the community and the environment?"
Marina Society spokesman Jon Nicholson says the $1.3 million already injected into the project has come from more than 100 club members who want berths in the marina. The society is confident final consent will be granted. "We have to set out a few consent conditions with the judge and that's almost finished."
He says about $12 million will be needed to complete the marina. "Some people are a bit passionate about not wanting a marina here. The judge in his ruling said Sandspit is not pristine and untouched. It's coastal urban, heavily modified by human activity and that is the place a marina should be."
Auckland Council's resolutions team manager Robert Andrews says by May 2011 Auckland Council's stance on the Sandspit Marina was known to all involved in the hearing.
"Through the process of the mediations we've made it very clear to [the Sandspit group] the position of Auckland Council was going to be one of supporting the regional consents."
He says it wasn't a matter of taking sides but rather council as a regulatory body taking a position based on the evidence it had. "In regards to the land-use consent, our position was in support of granting consent subject to a raft of conditions, conditions we were sure would mitigate any adverse environmental effects."
Mr Taplin believes most Sandspit residents value the natural beauty of their home over having a marina. His group will now try to get the best deal they can to ensure the long-term environmental protection of the area.
THROUGH THE COURTS
2009 The Sandspit Yacht Club Marina Society sought resource consent to build a marina.
The former Auckland Regional Council approved the water-based activities but the former Rodney District Council refused the land-based consents.
2010 The Marina Society lodged an appeal against the refusal and SOS joined the fight, hoping to have Rodney District Council's original ruling upheld.
2012 Environment Court hearing held over six days in January. Judge Jeff Smith's interim decision was to grant consent for the land-based facilities. However, the court first needs to approve conditions agreed on by all parties.
See more: SOS sandspit.org
Sandspit Yacht Club Marina Society sandspit.org.nz