REBECCA STEVENSON
A group fighting the sale of the old Napier Hospital site plan to take their case to the court of appeal.
Last week Napier Public Health Action Group (NPHAG) lost the latest round of its battle when Justice Paul Heath declined their application for a judicial review of the
sale process. The hospital was sold last year for $20 million to PrimeProperty.
The action group contended the public hadn't been consulted as required and the land was trust-protected for hospital purposes.
In his ruling Justice Heath said the Reserves Act of 1920 revoked all earlier trusts or purposes attached to the land. There was no statutory requirement for public consultation.
NPHAG spokesperson Alan Rhodes said some gaps in the judgement were "big enough to drive a truck through" and the group would probably appeal: "We have legal opinion that the ruling on the consultation issue is faulty."
Justice Heath dedicated 25 pages of his 31-page judgement to the trust issue and only five to the public consultation - in Mr Rhodes' view the "most important issue". However cost could dictate whether the group goes ahead.
