20 March 2006

Full steam ahead with judicial review

The Whangamata Marina Society will file for a judicial review of the Conservation Minister’s decision to veto a marina approved by the Environment Court after receiving two legal opinions supporting the challenge.

“Our members are strongly in support of this action and made their views plain at a special meeting at the weekend to discuss the issue,” said the Society President, Mick Kelly.

“But we resolved that we would seek a second opinion before proceeding.

“That opinion supports our advice from public law firm Chen Palmer so we will proceed as planned,” he said.

Mr Kelly said the proceedings would argue that Mr Carter had acted outside his role and powers under the Resource Management Act, including failing to properly consider relevant considerations, taking into account irrelevant issues and breaching the rules of natural justice.

“Ordinary New Zealanders can have no security or certainty if the deliberations of the courts can be set aside by a single Minister wrongly trying to “rehear” the matter, as happened in this case,” he said.

ENDS

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