Landmark cone bulldozers kept at bay

By STUART DYE

A landmark volcanic cone, described as unique, could be saved from bulldozers after a three-year battle between developers and conservationists.

The Volcanic Cones Society twice took Transit New Zealand to court in a bid to prevent the organisation slicing through the cone to clear a path for the State Highway 20 extension at Mt Roskill.

The group was prepared to mount a third challenge using a previously forgotten law from 1915 which appeared certain to block the development. The law was rediscovered and publicised by Herald columnist Brian Rudman, who has campaigned to stop the old motorway route.

Transit yesterday maintained it did not believe the legislation applied, but said it would redesign the project to save time and money.

"We are satisfied that we can modify the design in such a way that the motorway, in relation to the cone, will better accommodate the intention of the 1915 act," said Transit's Auckland regional manager, Wayne McDonald.

"While the new design will remain within the approved designation, it will provide a different approach that will arguably have even less impact on the cone."

The Reserves and Other Land Disposal and Public Bodies Empowering Act 1915 requires that any works on a volcanic cone must leave a slope that can be planted, rather than a vertical cut.

The slope must be at an angle of no less than 40 degrees from the top, the act says.

Transit had planned to cut a 350m section of the 4.5km road through the cone and build a wall between the land and the motorway.

The redesign sees the central route moved to one side by between 3m and 6m along the cone base, leaving a slope to the road.

Transit officials are investigating whether the agency will need to re-apply for resource consents for the $139 million project.

Regardless, the project will still be ready to go ahead by the end of the year - in tandem with a transport strategy review required by the Government of all projects over $20 million, said Mr McDonald.

The parallel rail line project would not be affected, he added.

The Volcanic Cones Society last night gave the breakthrough a cautious welcome.

Executive member Greg Smith described it as "a bit of a victory".

It was a step in the right direction but there was still plenty of manoeuvring going on, he said.

"This is by no means finalised. Unless it complies exactly with the act we will continue to fight."

He paid tribute to Brian Rudman's campaign, saying: "Brian's column on this subject has been totally significant to this result.

"We could not have done it without his assistance."