The High Court has granted an application for interim relief to prevent the removal of the Golden Bay grandstand while grandstand supporters’ request for a judicial review is considered.

Justice Ellis today granted the interim relief sought by the Golden Bay Grand Stand Community Trust and the Golden Bay Agricultural and Pastoral Association to prevent the removal of the grandstand until a judicial review into the Council’s decision-making is held.

Tasman Mayor Richard Kempthorne reiterated the Council’s promise not to do anything with the grandstand until the Court has made its ruling.

“We respect the legal process this has to go through and we have made a commitment not to touch the grandstand until we know the outcome of it.”

Richard said the ruling did not mean the grandstand supporters had a strong case against the Council, but rather that there were some legal questions raised that were at least arguable.

“It just means the court needs more time to consider the merits of a judicial review into our decision-making. We’ve already promised not to touch the grandstand until we know the outcome of the interim relief hearing, so this decision doesn’t change anything for us.”

Richard said the Council would prefer not to be having to defend its democratic decision-making process in court for a second time, having already successfully defended the decision in the Environment Court in 2017.

“It costs money that could be better spent elsewhere but that’s the position we find ourselves in. We have been through a democratic process in reaching the various decisions we’ve made to remove the grandstand, based on all of the information people have put before us – including the Trust and the A&P Association.”

A notice of motion from five councillors to reconsider the decision to remove the grandstand will go to a Full Council meeting tomorrow.

Richard said if the decision changed following tomorrow’s vote, he expected the legal action would end. “Councillors have the right to ask the Full Council to revisit a decision if they can get the necessary support, and that is also part of the democratic process. In the meantime we have had to carry on in support of the existing valid resolution of the Council.”
ENDS

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