KEY POINTS:
Approval for a marina at Whangamata was greeted with both celebration and disappointment yesterday.
Whangamata Marina Society president Mick Kelly said the go-ahead given by Environment Minister David Benson-Pope for the $10 million, 205-berth facility, was "fantastic".
"It's the best Christmas present we could have," he said.
But
Green Party MP Jeanette Fitzsimons said its effect on Whangamata Harbour would be "disastrous", while Whangamata surfer and businessman Paul Shanks called the decision "disappointing".
"We should be spending money on improving our estuarine environment instead of adding a construction that will benefit just 205 people," Mr Shanks said.
Ms Fitzsimons called the decision extremely disappointing: "Not only is this reversal embarrassing for the Government, it's a disaster for Whangamata Harbour."
National Party conservation spokesman Nick Smith welcomed the decision and said it was "disgraceful" it had taken 13 years and $1.3 million for the project to get through the Resource Management Act process.
"The only reason this injustice has been corrected is because the Whangamata Marina Society had the courage and determination to challenge the Government in court," he said.
"A future National Government will remove ministerial veto over Environment Court decisions to prevent this sort of fiasco in future."
Mr Kelly said Conservation Minister Chris Carter's veto of the marina was "blatantly political" and opposition to the project "exaggerated".
He doubted local iwi, who opposed the marina, would be happy with this last decision, but they would be involved in the construction and monitoring phase as laid down in conditions imposed by Mr Benson-Pope.
"I'm hoping we can leave the past behind and set up a good working relationship," Mr Kelly said.
The Government has paid $98,500 towards the society's legal costs.
In September this year Mr Carter used special powers under the Resource Management Act to veto the marina, even though it had Environment Court approval.
He cited damage to a saltmarsh area and possible detrimental effects on Whangamata's famous surf break.
But Mr Carter suffered an embarrassing legal defeat when the society sought a judicial review of his decision in the High Court.
Justice John Fogarty ruled Mr Carter had made an error in law when he "reconsidered" evidence not put before the earlier Environment Court hearing and a "procedural error"when he met marina opponents in January last year because what he heard at that meeting was also not part of the Environment Court case.
Mr Carter then delegated the decision to Mr Benson-Pope.
Mr Benson-Pope said he received briefings from the Solicitor-General and had requested more information from the Environment Court.
CONDITIONS
* Monitoring long-term effect of dredging and marina construction on Whangamata sand bar.
* Stopping work if any archaeological remains are found until a plan "paying heed to Maori protocol" is in place.
* Removal of a slipway before operation of the marina.
* DoC to be consulted on a management plan for the marina.
* DoC to be consulted on the ecological monitoring plan and involved in monitoring fish and shellfish at Moana Point.
* Greater involvement of DoC in enhancement of the saltmarsh that will be used for placing fill from the development.
- Additional reporting by Ruth Berry
