Admiralty Bay Decision Out
Media Release
for immediate release.
*Friends of Nelson Haven and Tasman Bay Inc.***
www.nelsonhaven.co.nz
info@nelsonhaven.co.nz
The coastal watch dog
group, The Friends of Nelson Haven and Tasman Bay is
celebrating its success with DOC and the Marlborough
District Council, against the appeal by Kuku Mara
Partnership for two 42 hectare mussel farms in Admiralty
Bay, a significant habitat for Dusky dolphins. The natural
character, land and seascapes and visual amenity of
Admiralty Bay's open waters and the Marlborough Sounds
generally, navigation, and the dolphin habitat were all part
of the decision. Dusky dolphins, especially males, some
recognised from the Kaikoura coast during summer, spend part
of the winter feeding in Admiralty Bay. The original
application was declined by the Marlborough District Council
after a hearing in May 2000. The appeal had been heard by
Environment Judge Craig Thompson and Environment
Commissioners W R Howie and John Mills at hearings in April
2004 and March this year in Blenheim. The decision
released on Friday declining the mussel farms was the third
Kuku Mara case The Friends Of Nelson Haven and Tasman Bay
had been successful in, involving a total of five 42 hectare
applications, according to co-chair Steffan Browning, who
acknowledged the efforts of the organisations past RMA
advocate Russel Fenney and Counsel Warwick Heal, and more
recently Counsel Kate Mitchell. All had done stirling work
he said.
A similarly non-complying appeal by MacLab for a
20 hectare farm was recently declined on navigation grounds.
MacLab have several further appeals outstanding in Admiralty
and Forsyth Bays, with Kuku Mara having one in the entrance
of Port Ligar. Another three applicants have outstanding
appeals for midbay farms although Mr Browning is confident
most appeals will be withdrawn. The Marlborough Sounds have
special qualities and the Environment court has recognised
this. The midbay applications were never intended in the
Marlborough Sounds Resource Management Plan, and The Friends
had consistently opposed applications that took advantage of
plan inadequacies. Once again the Environment Court has
suggested in its decision that an improvement in the plan
might save a great deal of time and money in the future,
according to Mr Browning, who said that he had asked the
council to make the changes 5 years ago when Kuku Mara
Partnership's first application exposed the flawed
plan. Many other midbay applicants had realised their
applications were not 'runners' and had withdrawn their
applications or appeals, and organisations such as The
Friends of Nelson Haven and Tasman Bay, and The Marlborough
Environment Centre had been vindicated in their position by
the Courts decisions, said Mr Browning. Many in the marine
farming industry had supported our stand and opposed the
midbay applications but because of the costs of the appeals
and commercial pressure, had withdrawn from the appeal
process. The costs have been high for the environmental
groups and support from the community is encouraged as The
Friends head into three of the remaining midbay appeals over
the next few months. Mr Browning said that it is important
to note that the Friends of Nelson Haven and Tasman Bay, and
The Marlborough Environment Centre were not opposed to
mussel farms as a matter of course, but opposed applications
where there were real environmental, navigation and
aesthetic concerns. Many smaller applications had not been
opposed. ENDS