Court decision disappointing

Bay of Plenty Regional Council will take time and seek advice before considering its options and deciding on the way forward following the Court of Appeal’s decision today.

The Court of Appeal today upheld the appeal by Whakatane District Council of the High Court decision allowing the Regional Council to relocate its head office from Whakatane to Tauranga.

Chairman John Cronin said today’s decision was disappointing.

“The Court found Council had not followed the correct process as outlined under the Local Government Act, however it has not called into question the Council’s decision to relocate its headquarters – just the process.

“We will now take time to consider a wide range of options and review these carefully before making any decision on what we will do. At this stage we are unclear how long we will need before determining any action.

“While we felt we followed the process appropriately, obviously the Court of Appeal has found contrary to this.“

The Court of Appeal found that the Regional Council had not followed process from the first step and has not given any decision on subsequent steps undertaken by the Regional Council.

“Given the decision it is difficult to tell how much of the process was not correct. Subsequent points raised by the District Council have not been addressed in the Court’s decision which makes it more difficult for us.”

Mr Cronin said this decision does not mean that any staff will be relocated from Tauranga to Whakatane, as Council had clearly determined that it needed to build capacity in the Western Bay of Plenty.

ENDS

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