The group leading the court case against Napier City Council over the new $41.3 million aquatic centre has withdrawn an offer to settle differences out of court.

The Friends of the Onekawa Aquatic Society had earlier said they would be happy to call "time out" on the court case if council agreed to do a comparison between the risks and cost to ratepayers between the Prebensen Dr site and the current site in Onekawa.

Member David Kamper said the group had "since lost faith" in council's ability to negotiate a fair settlement out of court.

"After weeks of poor communication, misinformation and obstruction, the last straw was the press release on 30 August stating the council was considering a proposal from the Society to defer the Court case.

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"That was never our proposal."

He described the process as a "shambles" from the outset.

A council spokesperson said on August 26, the Napier City Council acting chief executive received a Notice of Motion from councillors.

The Notice of Motion stated that:

"Council resolve to accept the offer from the Friends of Onekawa Aquatic Society to defer the High Court hearing scheduled for 30 September 2019 until after the election of the new Council on 12 October 2019".

Council will decide on the Notice of Motion at a meeting on Tuesday unless a proposal to withdraw the motion is received.

Kamper said they would be asking the council to withdraw this notice of motion, as they agree with council lawyers if they do not take the scheduled court day, it may be some time before a new date can be arranged.