Court may decide speedway's fate

Legal teams for and against the Western Springs Speedway headed back to court yesterday for a ruling that could determine whether a new season can start on November 5, at a later date or not at all.

The speedway operator, Springs Promotions, is seeking a clarification from the High Court at Auckland on whether it has existing-use rights to exceed noise levels of 85 decibels.

The Springs Stadium Residents Association, which is opposed to the noise, argued that the Auckland City Council and speedway abandoned existing-use rights when they signed up to an 85-decibel limit in 1998.

The association won an Environment Court decision last year that Springs Promotions had no enforceable existing-use rights, placing the speedway in jeopardy after it could not comply with noise limits. Springs Promotions has appealed against the decision.

In the High Court, Justice Tony Randerson has been asked to clarify the issue of existing-use rights before the matter goes back to the Environment Court for a substantive hearing on residents' noise concerns. His decision will strengthen the hand of either the operator or the residents.

Speedway promoter Dave Stewart said a High Court victory would be "hugely important" because it would establish that existing-use rights had not been waived and the speedway could continue. Mr Stewart said it could also allow a new speedway season to open on November 5 even though the substantive Environment Court hearing would probably not take place before then.

"If the [High Court] case goes against us we have to go to the Environment Court and work through it, and the speedway season will probably start late."

Residents association lawyer Martin Williams said outside the court that the council and the speedway walked away from existing-use rights when they entered into a number of agreements, including rules set up under the district plan in 1998 to limit noise to 85 decibels.

"Those pre-date when many members of the association moved to the area and, as such, the residents say the council and speedway have gone back on their word by seeking to rely on existing-use rights."

Auckland City Mayor Dick Hubbard said speedway at the Springs had the full support of the council.

"We have a unanimous council resolution to explore every option to ensure speedway racing continues at Western Springs. We are still working towards this goal and are committed to having speedway at the springs for many years to come," Mr Hubbard said.

The case finished yesterday and Justice Randerson reserved his decision.