Regional body wins legal fight over move

The Bay's regional council will likely house nearly 150 staff in a downtown Tauranga office build ing after receiving High Court support to switch its headquarters from Whakatane.
A long-awaited judicial review has rejected claims by other local territorial authorities that Environment Bay of Plenty did not follow proper process in deciding to relocate the bulk of its operations to Tauranga.
High Court Judge Ailsa Duffy said the applicant's grounds for the review did not support its claim that Environment Bay of Plenty's decision was unlawful and invalid.
The 50-page decision, following eight days of hearings in March and early June last year, was released late on Thursday.
Regional council chairman John Cronin said the outcome (of the review) would be greeted with a sense of relief.
"I'd hate to think that we were doing the wrong thing. It removes the uncertainty, and indecision, for our staff ... can you imagine what it's like to have your life put on hold. Some staff have left because of it," said Mr Cronin.
It's two years since the Environment Bay of Plenty councillors voted to move the head quarters from Whakatane to Tauranga.
Whakatane District Council, supported by Rotorua and Opotiki councils and Te Arawa Lakes Trust, sought a judicial review _ a challenge that cost about $300,000 for all parties involved.
The councils and the trust argued that Environment Bay of Plenty's decision was pre- determined, biased and failed to follow the consultative process.
"We genuinely believed there was a miscarriage of justice and we felt absolutely bound to ask for a review," said Whakatane Mayor Colin Holmes.
Mr Cronin said "we can now look more closely at the re- location and establish timeframes for moving, in consultation with the staff".
Environment Bay of Plenty is almost certain to set up its new headquarters in Regency House, Elizabeth St, overlooking the inner Tauranga Harbour.
"I think that's the most practical," said Mr Cronin.
The regional council, which employs 250 people, recently bought the landmark four-level office building, home of Inland Revenue, for $10.25 million. It was planning to move its present Tau ranga staff of 50 in to one floor of the fully-tenanted building from three leased premises.
Under the original re-location plan, between 130-150 staff would be housed in Tauranga, another 20 in Rotorua and about 100 would stay in Whakatane to look after the rivers and drainage schemes.
Over the past year Environment Bay of Plenty has gradually increased its staff in Tauranga, including re-locating its transport team.
Mr Cronin indicated that his council would probably retain the Whakatane building in Quay St, overlooking the river, but it might consider selling the property it owned across the street. That had been earmarked for more office space for council staff.
He said the reasons for moving to Tauranga had not changed at all during the past two years.
"It's absolutely the right thing to do ... to be amongst the major business activity of the region.
"There's plenty of work to be done in land use management and transport in the Western Bay _ even though we will still deliver a function over the whole Bay," said Mr Cronin.
"Our senior staff have been spending more time in Tauranga than at Whakatane _ and the move has become more self- evident when you see how much travelling they do."
Mr Holmes said the Tauranga move "may be hasty" if local gov ernment in the Bay was restruc tured.
"We could see a similar pattern to Auckland _ with Environment Bay of Plenty disappearing and one over-arching council taking over. When and how it happens will be the big question _ but it's something that Environment Bay of Plenty should take in to consid eration," said Mr Holmes.
"It doesn't seem sensible to rush off and shift the headquarters wholesale if there's a bigger issues that's more important to all of us.
"One of the reasons to restruc ture local government is efficiency."
Mr Holmes said Environment Bay of Plenty had already bolstered its staff in Tauranga, it had bought a building and that should solve the immediate problem.
Mr Cronin said whatever eventuated, there was no disadvantage through moving to Tauranga. "The point is, we will have ample provision for facilities to house a new (local government) structure, if that's what happens," he said.