MEDIA RELEASE
 
 
District council fails to resolve legal battle
For immediate release:25 June 2009
 
Environment Bay of Plenty Chairman John Cronin has strongly criticised Whakatane District Council for its decision to proceed with its appeal against the High Court decision.  Released in April, the High Court decision found in favour of the process followed by the regional council in making the decision to relocate its head office to Tauranga.
 
Mr Cronin said that the appeal was an unnecessary cost to ratepayers when the High Court judge found the regional council’s process in making its decision to be lawful.
 
“Justice Duffy said that we had followed the decision-making process of the Local Government Act correctly.  Remember that this is about the process not about the decision to relocate,” Mr Cronin said.
 
“This is a futile scrap between two arms of local government who should be focussed on producing improved services to their communities in recessionary and changing times.
 
“We were prepared to work with the district council in good faith on a cooperative approach to resolving this issue even to extending the timing of the movement of our staff and not proceeding with our claim for court costs, but it is now clear that they do not want to work in this way.
 
“We made a verbal agreement with Whakatane District Council which would have resolved this matter, but they have failed to meet their obligation, which means there will be a further lengthy legal process for all of us and our ratepayers to endure,” Mr Cronin said.
 
“With both the economic recession and the potential changes to local government structures, this is not the time for councils to be tied up in potentially expensive and futile court battles.
 
“We would far rather focus our attention and resources on working on important regional issues such as fixing the Rotorua Lakes, improving the quality of Tauranga Harbour and ensuring effective flood protection in the eastern Bay of Plenty.
 
Mr Cronin said that the regional council, with a strong High Court decision behind it, would be obliged to defend its use of the decision making process in the Court of Appeal. 
 
Mr Cronin said that the appeal would impose considerable delays on the relocation as it was unlikely to get an Appeal Court hearing before the end of 2009 at best.  He is concerned about the ongoing impact this will have on staff as well as the frustrations of continuing to under service the western Bay of Plenty community.
 
Ends
 

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