Berry Applauds Decision to Give Developer Compensation

The Environment Court has ruled that heritage advocacy groups who fought to stop a developer turning Devonport’s Masonic Tavern into a cafe and apartments must pay the developer compensation to cover his costs. Tamaki Independent candidate Stephen Berry enthusiastically commends the decision. “It’s about time heritage fascists received the other end of the stick they use to destroy our freedoms.”

Fighting this case cost Redback Develop over $228,000 in legal fees and expert witnesses. This is the result of several appeals by groups Devonport Heritage Inc, Masonic Friendly Society and the Historic Places Trust. These appeals followed the granting of resource consent by North Shore City Council in 2009. The Auckland and North Shore City Councils have spent $322,000 defending the consents, while the heritage groups also received $20,000 from a legal assistance fund managed by the Ministry for the Environment.

“It deeply sickens me that over half a million dollars could be wasted in this fashion because our country harbours morally deficient busybodies who genuinely believe their value of ‘heritage’ is paramount. It is an appalling indictment on the lack of liberty we have in this country when someone has to pay hundreds of thousands of dollars just to do what they wish with their own property. On top of that even more ratepayer money was squandered on defending this right. There is something seriously wrong with this country.”

Redback Develop made a claim in the Environment Court against the heritage groups for their $228,000 costs and have been partly successful. Devonport Heritage Inc. and Masonic Friendly Society have been ordered to pay $22,350 while the Historic Places Trust must pay $14,900. Berry says, “It is great to see these groups be held accountable for their crimes against liberty but it doesn’t go far enough. Not by a long shot.”

While the costs awarded may be, in Berry’s view, insufficient he does note that they are likely to wipe out the funds of the heritage groups in question, seriously impeding their ability to lodge future claims. “That is absolutely fantastic. I hope all three groups are financially crippled for a very long time and that it has an impact on their members. These communitarian tyrants are genuine enemies of freedom and vandals of individual rights. They deserve every hardship that comes as a result of their actions.”

“If people truly value heritage they will protect it in a moral manner. That is by purchasing the property themselves and then exercising their own property rights by maintaining the land in whatever manner they feel is consistent with their principles.”

If elected as the member for Tamaki, Stephen Berry will work to ensure that such cases can never occur in the future. He will abolish the Resource Management Act, the Environment Court and the Ministry for the Environment. He will support the constitutional protection of property rights. The Government will defend the right of property owners to do whatever they wish with their own property on the condition it does not violate the right of other property owners to do the same.

Stephen Berry
Independent candidate, Tamaki

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