Camping ground lease challenge

By Katie Walker, Massey University
journalism student
A small group of Martinborough residents are taking South Wairarapa District Council to court in a bid to cancel the lease between the local campground and the council.
Members of the Considine Park Committee are questioning the legality of the 35-year lease signed between Martinborough Camping Ltd and the council last July.
The campground is located within Considine Park, a 1.6ha piece of land gifted to Martinborough residents for recreational use in 1914.
A judicial hearing took place on Wednesday to set a date for the case to be held in the High Court in Wellington.
Considine Park Committee chairman John Porter said the committee is taking action against the council on the basis of three issues:
l The campground area is considered a reserve under the Reserves Act and cannot be used for commercial gain.
l The council holds the land in trust and the trust documents prohibit commercial gain.
l The council has a duty to consult with interested parties under the Local Government Act and has failed to do so.
Mr Porter said the committee was concerned the building of a house or retail premises at the campground had the potential to expand in future years.
"It could just grow like topsy."
He said the council had operated a campground on the site for over 15 years before leasing it out last July.
However it was run on a small scale, "ad hoc", basis.
The present campground size had nearly doubled, blocking public access to part of the paddock of oak trees, he said.
If a campground is to remain, the committee would like to see something similar to the old campsite but better run.
The Considine Park Committee is the first plaintiff in the action and four members of the committee are second plaintiffs.
The members are John Porter, Eva Fenwick, Robert Petelin and David Lawrence.
The council is the first defendant in the case and Martinborough Camping is the second defendant.
Considine Park Committee was set up several years ago to beautify the gifted park area and plant more trees there.
The block of land includes the campground, swimming pool, pony club, open land and an oak paddock.
In early 2005 the council sought expressions of interest to lease the land and campground buildings.
Martinborough Camping Ltd owners Lisa and Frank Cornelissen won the tender process and took over the lease on July 1 last year.
They closed the campground for 18 weeks while renovations were completed.
Mr Cornelissen said they spent hundreds of thousands of dollars improving the campsite.
Five minutes before they reopened on November 11, 2006, they were served with legal papers, he said.
"On opening day when we were supposed to be drinking champagne we were sitting with lawyers."
The campground has remained open and was almost fully booked over the November to April summer season. Mediation with the three parties had been held but failed, Mr Cornelissen said.
Mrs Cornelissen said their lives are on hold.
"We acted with the council in good faith.
"We feel very much that we are caught in the middle between the council and committee," she said.
Considine Park Committee member Eva Fenwick said members have held numerous working bees over the years, planting hundreds of mainly native trees and plants.
She said the committee does not have a problem with the existing campground because it has always been there.
"I think that what they (the Cornelissens) have done is great ? 100 per cent better."
Mrs Fenwick said they should not have to take the matter to court.
"We've been put in a position by lack of consultation," she said.
"I think I'm doing it for my future grandchildren and other people in 100 years time."
But Martinborough Camping lawyer Ed Cooke said he presumed the committee did not want a camping ground on Considine Park.
"What are they doing for Martinborough?" he said.
South Wairarapa District Council CEO Griff Page said he was unable to comment on the action.