Harvey promises truth on marina

The site of the Whangamata marina vetoed by the Conservation Minister. Picture / Alan Gibson

Bob Harvey says he will "tell the truth" if called to the High Court to explain an email that appears to contradict claims made in Parliament by Conservation Minister Chris Carter - but he won't yet say what the truth is.

The email sent by Mr Harvey, Waitakere's Mayor, casts doubt on Mr Carter's statement that he did not have a predetermined position on whether to uphold an Environment Court ruling paving the way for the Whangamata marina.

The email was written by Mr Harvey six days before Mr Carter rejected the plan and during a period when the minister has maintained he continued to have an open mind.

The email suggests that he had told Mr Harvey he had already made the decision.

It is one of a handful of emails filed in the High Court, which has recently ordered Mr Harvey to provide an affidavit explaining their context.

The court files of correspondence between Mr Harvey and the Whangamata Marina Society's lawyers reveal that, after initially agreeing to provide an affidavit, Mr Harvey backpedalled.

He gave a number of reasons why he didn't believe it necessary, including that he was busy with council business and had an overseas trip on his mind so "I simply don't have time to focus my full attention on something I don't consider of major importance".

But National MP Nick Smith said the email raised two critical questions: Whether Mr Carter misled Parliament and whether he followed due process in making the Whangamata decision.

"I can see why Labour's best mate and former president Bob Harvey is squirming at the prospect of having to provide an affidavit to the court. The records of Bob Harvey and Chris Carter are contradictory."

Mr Harvey is in China and yesterday sent a brief response to Herald questions about the email and what Mr Carter had actually told him.

He said he had "no problem" giving the affidavit he has now been ordered to provide.

"If called to court I will simply tell the truth. As they say, the truth always amazes your friends and confuses your enemies! I've got nothing further to add because the matter is before the courts."

The society has filed a large claim in the court alleging a number of breaches of the law by Mr Carter, including having a predetermined position, which it argues breached its right to natural justice.

It is seeking compensation for money spent on the consultation process, drafting a private member's bill, lobbying, media and legal advice.

Specific costs identified come to $118,825 - including a $55,647 legal bill from lawyers Chen and Palmer.