Court dismisses appeal against Marae Special Area
6 March, 2007
Court dismisses appeal against Marae Special Area at Waitakere’s Harbourview/Orangihina Park
An Environment Court ruling has dismissed the Te Atatu Residents and Ratepayers Association appeal against the council's decision to create a Marae Special Area at Harbourview/Orangihina (The People’s Park).
Judge C J Thompson has handed down a 12 page decision in which he examines each of the grounds of appeal offered by the Residents and Ratepayers’ group (TARRA) before dismissing them all.
Mayor Bob Harvey says the decision is a great one for Waitakere.
“Harbourview is a huge area and we felt it was only right and appropriate to take one very small part of it and set it aside for a marae that is for all people. We were deeply disappointed when TARRA appealed against the proposal. It has set progress back by over a year so the Judge’s decision to dismiss the appeal on all its points, is extremely welcome,” Mayor Harvey says.
“The decision is a victory for the decision is a victory for the people of Waitakere and the Auckland region,” he says.
TARRA appealed in December 2005, against the council’s decision adopt District Plan Change 2 which creates a 2.5 hectare Special Marae Area within the Harbourview –Orangihina Park.
TARRA claimed that the marae would be an inappropriate development.
At the same time the council was also proposing to implement Plan Change 12 which would include new and amended policies or rules applying to all city parks and reserves.
The court decided it would be better to wait until Plan Change 12 was completed before making a decision on Plan Change 2.
In coming to his decisions the Judge directed Waitakere to clarify some policies, rules and assessments in order to give greater clarity to the Special Marae Area.
This work is now underway.
***ENDS***