At least one Napier councillor has been subpoenaed to give evidence in the court case over the multi-million dollar new aquatic centre.

The Friends of Onekawa Aquatic Centre group have challenged the $41 million pool in court, saying council failed to adequately consult the community over the decision.

Councillor Kirsten Wise confirmed she had been subpoenaed by the group to give evidence, and had filed a affidavit based off a speech she gave at a meeting in December.

The December meeting was called after six councillors, including Wise, said council had not adequately consulted the community over the decision.

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At that meeting council voted 7-6 not to re-consult the community.

Wise told Hawke's Bay Today she believed she had been subpoenaed by the group as she gave timeline of council decisions relating to the pool during her speech in December.

She said her affidavit was confirming the transcript the group had of her speech was correct, as well as expanding on some of the issues she covered.

In particular, she said councillors were orginially told they would have the opportunity to double debate the decision over the pool.

This was then changed, with councillors told the only opportunity to vote against the pool would mean voting against Napier's entire Long Term Plan.

This would have meant re-doing the LTP, costing ratepayers money.

Councillor Kirsten Wise, during a speech which has been used as the basis of her affidavit in the Napier Aquatic Centre court case. Photo / File
Councillor Kirsten Wise, during a speech which has been used as the basis of her affidavit in the Napier Aquatic Centre court case. Photo / File

She said she was not aware of other councillors being subpoenaed, but had not approached them to ask.

One councillor who was vocally against the new pool, Richard McGrath, said he had not been subpoenaed at this stage.

However he described the court proceedings as "democracy in action".

All affidavits for the court case have to be filed by July 10, with a hearing set soon after that date.

A council spokesperson confirmed the process to tender the pool's construction was still progressing while court action takes place.

It is the second time in under two years Napier City Council has been taken to court over its consultation process.