Northland Emergency Services wanted to relocate its services to Onerahi airport, triggering High Court civil litigation by residents. Photo / John Stone
Northland Emergency Services wanted to relocate its services to Onerahi airport, triggering High Court civil litigation by residents. Photo / John Stone
A council that endorsed the relocation of an emergency helicopter service has emerged victorious in a High Court clash with a homeowners’ group who claimed insufficient consultation occurred and the noise would be disruptive.
For 35 years, the Northland Emergency Services Trust (Nest), a joint venture with Auckland Rescue,operated emergency helicopter flights from Kensington Park in Whangārei.
However, due to safety constraints and the unsustainability of continuing operations at Kensington, Nest applied to the Whangārei District Council (WDC) to lease space at Whangārei Airport.
The request was approved at an extraordinary meeting in November 2021, with the condition Nest would handle regulatory requirements and engage with the Onerahi community to address noise concerns.
In February 2022, a memorandum of understanding was established between the council and Nest, followed by a meeting in May 2022 to hear community concerns.
This led to the re-establishment of the airport noise management committee, which made recommendations regarding noise mitigation and on September 22, 2022, the council addressed the concerns.
Homeowners’ group Sound (Save Onerahi from undue noise disturbance) challenged the November 2021 and September 2022 decisions by the council supporting the move and a hearing was held in the High Court at Whangārei in August 2023.
Nest need to find a new home after outgrowing their Kensington Park site. Photograph / John Stone
In a recently released decision, Justice Mathew Downs ruled against Sound’s arguments, affirming that the WDC, as the landlord, had the right to assume Nest would operate lawfully at the airport.
One point of contention was which noise rules Nest should follow. Sound argued Nest should abide by district plan 62.3, which specifies noise limits outside the air noise boundary.
Nest, on the other hand, believed their services fell under designation WDC-55 aerodrome, exempting emergency services helicopter movements.
Noise modelling conducted on behalf of the WDC by Marshall Day Acoustics suggested the noise increase would be marginal and consistent with anticipated levels, aligning with existing regulations.
“While the noise will be greater than the existing level of noise at the airport, the noise will be generally consistent with the levels anticipated by the existing air noise and outer control boundary.
“The difference in noise experienced by the community will be marginal,” the report said.
Justice Downs could not determine which noise rule Nest should follow and said as the matter was a technical, planning law, the environment court would be best to determine the noise rule.
Justice Downs could not determine which noise rule Nest would need to abide by. Photo / Mike Cunningham
Sound’s claim of inadequate consultation was also dismissed by Justice Downs, who concluded both Nest and the WDC had fulfilled their obligations under the Local Government Act.
Justice Downs pointed out, after the noise committee was reestablished on March 30, 2022, the council and NEST held a meeting at the airport on May 9, 2022 to hear community concerns.
They also held “Have your say” sessions at the airport on May 24, May 31, June 7, June 14 and June 21 as well as inviting feedback on the council website before the September decision.
“The council was not obliged to consult the Onerahi community before making the decisions. The Council was obliged to consider, in the course of its decision-making process, the views of those likely to be interested in or affected by the decisions. This obligation was met.
“The decisions do not contain errors of law or contravene the Local Government Act and are not unreasonable. The council did not fail to consider mandatory considerations or to consult the Onerahi community.
“The Council was acting primarily as the airport authority, rather than a planner, that Nest would be the occupier and therefore responsible for meeting all rules concerning noise.
“Sounds judicial review of the decisions therefore fails,” the decision said.
Nest CEO Ian MacPherson told NZME they look forward to re-engaging with the council to advance the base relocation project.
General manager planning and development Dominic Kula said the council was pleased with the decision of the Court.
“While we were confident that proper process had been followed about a potential lease with Nest, it is encouraging that the Court confirmed that the decisions of Council were robust. All parties agree that Northland needs to have a rescue helicopter service at a location that most efficiently serves those in need.
“Council will continue to work with residents, through the Noise Management Committee, on issues relating to the potential relocation of NEST and the operation of the Airport, ” Kula said.
As of now, no lease agreement has been finalised.
Sound has been directed to pay the legal costs of Nest and the WDC.
NZME did not hear back from Sound’s lawyer.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
