By ALAN PERROTT
A court order is being sought this morning to ensure America's Cup fans have permanent access to a prime viewing point on the exclusive harbourside Hilton Hotel.
The area around the hotel at the end of Princes Wharf has become one of the most popular spots to cheer
the yachts as they head out to the Hauraki Gulf.
But the Auckland Regional Council is concerned that a public viewing platform on the Hilton Hotel's first floor is often obstructed by tents or cordoned off for private functions.
It plans to put the issue to the environment court today.
Failure to heed a court order could result in a prosecution under the Resource Management Act.
Public access to the platform is supposed to be guaranteed under the resource consent granting the building's construction.
It is not the first time the authorities have resorted to strict measures to enforce access to the platform.
Last May the ARC issued an abatement notice on the building's owner, PWI Investments, demanding the removal of steel gates fitted to stairways leading to the platform.
At the time David Schwartfeger, general manager of Kitchener Group, PW Investments parent company, said the gates were necessary to deter vagrants and vandals and they were only locked at night.
While the platform has hosted large haka parties on several race days, ARC manager of coastal environments Hugh Leesnyder said his office had struggled to enforce the public-access agreement.
Mr Leesnyder said the problem now was tents, tables and chairs the hotel had put up on the platform.
He said the building owners had also failed to keep a promise made last week to erect a sign advising the public of their right to go up to the platform. At present just one small sign on the Viaduct Harbour side of the wharf points to the platform.
Mr Schwartfeger declined to comment while the issue was before the courts.
