REBECCA STEVENSON
The Napier Public Health Action Group will appeal the sale of the old Napier Hospital site but Hawke's Bay District Health Board says the legal battle will cost residents in reduced services.
In May the group's case for a judicial review of the sale was denied by Justice Paul
Heath. The site was sold in August last year for $20 million to PrimeProperty.
Napier Public Health Action Group (NPHAG) argued consultation before the sale wasn't legal and that the land was trust-protected for hospital purposes.
Spokesperson Alan Rhodes said that at a meeting on Saturday the group unanimously decided to appeal. The money for the legal fight had been provided by a member, he said.
"The whole business of consultation is where we will appeal," Mr Rhodes said. "Consultation was required by law, and it's not just a small phone-around."
He said the Local Bodies Act set out standards for public consultation and the standards were not adhered too.
Hawke's Bay District Health Board chairman Kevin Atkinson said he was disappointed the group was to appeal.
Defending the judicial review had cost the board about $150,000 and defending an appeal could come to $200,000.
"I respected the right of the claimants to make the challenge that they did but the judgment was extremely clear.
"The claims failed on all counts."
Mr Atkinson said every $1000 spent on lawyers was another cancelled elective surgical procedure . . . "it means that money is not spent on health services in Hawke's Bay".
The health board will be looking for NPHAG to put up a "substantial" bond towards the board's costs, he said.
The action group is collecting court papers this week to start the appeal, Mr Rhodes said.
