Port yet to decide on foreshore appeal

1.00pm - By IAN LLEWELLYN

Port Marlborough says while it is preparing to go to the Privy Council over the foreshore and seabed issue it still has made no final decision to proceed.

Port Marlborough chief executive Sean Bolt was quoted today as having confirmed the Privy Council would hear its appeal on November 15 and 16 and saying the company intended to proceed with them.

Chairman David Dew told NZPA that while the company was reserving the right to proceed and had to prepare as if it would go ahead, no decision had been made.

"The board hasn't made any final decision about where it is going on this. The appeal is still there and the timetable is running, but we have adopted a wait and see approach about what to do," Mr Dew said.

Whether the appeal went ahead was dependent on progress the Government made on legislation, he said.

Mr Dew said he had no idea why some were saying the legislation should be delayed until the appeal went ahead as the company wanted clarification from the Government.

"We maintain an open mind and it may be we have to run the thing because it doesn't look like this thing will be resolved quickly. We have said to the Government we are very much looking to you for a solution," Mr Dew said.

The case could proceed if the Government was unable to pass any legislation, Mr Dew said.

"We are reserving the right in case they can't get anything passed and we have to get something sorted."

His private view, not the board's, was that all claims to the foreshore and seabed should be heard by the High Court and only claims based on British common law should be able to proceed.

"If the High Court was dealing with it and it was strictly confined to what the Court of Appeal said existed which was British common law customary rights then I have no fear of that."

- NZPA