Media release

Council decides against appealing Variation 21 ruling

Posted On: Monday, 14 June 2010

After legal advice confirming the law gives local iwi economic advantage, Hamilton City Council has decided against appealing a High Court ruling.

Council has decided not to appeal the ruling relating to Variation 21 after receiving legal advice from Auckland Queen’s Counsel, Paul Cavanagh.

The ruling, released this month, favoured Tainui who sought a Judicial Review of the process relating to Council’s notification of Variation 21, a bold planning change to better manage retail and commercial activities in the city.

Mayor Bob Simcock said the law was lacking, and he is strongly urging the Government to review the part of the Resource Management Act which deals with iwi consultation.

“Our objection has always been Tainui would have gained commercial advantage over other commercial property owners in the city, had we consulted with them. We stand by that,” Mr Simcock said.

“We are concerned that the ever increasing obligation for local authorities to consult with Iwi can be translated into a very significant economic advantage over other business interests. We doubt this was ever Parliament’s intention. However we accept that is what the law allows and that there is no point appealing the court’s decision.”

Council stands by its commitment to protect the central city and will explore all options that remain open to achieve that goal.

ENDS