Monday 11 May 2009

MEDIA RELEASE

Society should fold up tent

The Hawke’s Bay Land Protection Society should fold its tent following its comprehensive loss in the Napier High Court last week according to Sports Park Trustee Rex Graham.

The Society initiated a judicial review of the Council processes in granting a consent for the grandstand and athletics track at the Sports Park. The Society said it wanted to ensure “due process” had been followed.

“The Society lost on every count and it was apparent to us early on there was no substantial basis to its argument. This is probably why no one from the Society bothered to turn up when the judge gave his decision,” says Mr Graham.

The Society has subsequently claimed there were ‘some positives’ out of the result.

“This is very difficult for me to understand, The judge said that even if he had found fault in the way the Council processed the consent, he would not have ordered a reassessment because it was abundantly clear the result would be the same,” says Mr Graham.

The judge also questioned why the Society had picked this site and project to fight the soils issue, and commented that it “seemed an odd decision”.

Mr Graham said the Sports Park Trust had always been of the view that the claim was simply a tactic to throw a spanner in the works and delay things, and that’s what’s transpired.

The Sports Park Trust has spent close to $50,000 in legal and expert witness costs associated with the judicial review and in planning for an environment court hearing later in the year. “By the time we’re through all this the legal fees will be over $100,000. This is a complete waste of ratepayers’ money. It’s the equivalent of two netball courts at the new site,” says Mr Graham.

“Despite that, I think the ratepayers would be sympathetic if the Society pulled the plug now… they’ve had their day in court. But I’m not optimistic. We tried to engage them in mediation before this hearing but it was pointless. They just wanted us to rip up the athletics track and there is no way we are doing that” says Mr Graham.

Construction of the 2500 seat grandstand to go alongside the athletics track will commence shortly. An environment court appeal, also initiated by the Land Protection Society, is due to be heard in July. This appeal does not affect grandstand construction.

ENDS

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