Baches' owners can stay for now

By HELEN TUNNAH

Rangitoto bach owners will have at least one more summer on the Hauraki Gulf island after winning a court order preventing the Department of Conservation evicting them.

In the High Court at Wellington yesterday DoC agreed the occupants of 21 baches should be able to use their properties until a judicial review is heard next year over the legality of eviction plans.

The decision followed DoC writing to bach owners to say its boat, Hauturu, was on standby to help them shift their belongings, said Tony Meggitt, a lawyer acting for bach owners.

The latest twist in the long-running wrangle over the future of the baches means the families who have holidayed on Rangitoto for generations retain their caretaker status over their properties and can use them for at least one more summer.

The judicial review will not be heard before March.

In setting dates leading up to the review, Justice John Wild said there seemed no reason to rush legal preparations as the baches had existed on Rangitoto for a long time.

Mr Meggitt said families who used the baches were relieved to have more time on the island, but wanted the situation settled.

He said the owners had sought the court order because of the apparent decision by DoC to enforce eviction notices by advising the Hauturu was available to shift them. But he said there was some frustration at DoC now agreeing not to move on the eviction notices when no assurance could be gained out of court.

Bach-owners had explored legal action after DoC notified them that the properties would revert to Crown ownership by October 31.

The baches were built from 1918, and used by families who were given lifetime leases. As part of DoC's Auckland conservation strategy, the leases are no longer being renewed and baches are generally to be removed or destroyed. In a statement of claim presented to the court, the Rangitoto Island Bach Community Association has argued that DoC and the Minister of Conservation have acted unlawfully under the Hauraki Gulf Marine Park Act in trying to have the baches removed.