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Woody Bay Mooring Appeal - GAPS


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GAPS is the Gulf Anchorage Protection Society - President Tom Miller has released the following press release covering the Woody Bay Mooring Appeal:

 

GAPS in the system

 

Dr. Tom Miller, Chairman of the Gulf Anchorages Protection Society, GAPS, said the organization was gratified with the outcome of the recent appeal to the Environment Court by the AYBA .

 

The Environment Court overturned a decision of ARC commissioners, chaired by Ms. Dianne Glenn, that granted a 20 year lease of the seabed in Woody Bay to two Rakino Island property owners. The successful appeal has vindicated the vigorous opposition of the recreational boating community to attempts by property owners on Gulf Islands to privatise large areas of the seabed in popular Gulf anchorages.

 

GAPS and the AYBA initiated a call to arms to oppose the Woody Bay mooring application by Messrs. Ross and Inglis that resulted in 225 submissions opposing the application being received by the ARC. Antagonism to the application was driven by two recent decisions by ARC commissioners, also chaired by Ms Glenn, to grant applications for moorings in Awakiriapa Bay on Waiheke and Home Bay on Rakino Island.

 

Dr. Miller said that the Commissioners lacked the boating experience and knowledge of the Gulf to make an informed decision. The Commissioners involved in the Home Bay decision were described as ignorant in that very basic aspects of the application had to be explained to them; arrogant, in that the Chairperson stated that she had not read up previous relevant hearings and did not intend to and incompetent in that they failed to observe and uphold the ARC’s own coastal policies. The latter comment was fully justifiable given the statement by the Environment Court judge who rejected the ARC Commissioners decision to grant consents for moorings in Awakiriapa Bay as being “repugnant to their own policies”. ARC Chairman ,Mike Lee, dismissed GAPS concerns regarding the commissioners ability with an eloquent “that is bullshit, and you can quote me as saying that”.

 

The three Commissioners , again Chaired by Ms. Glenn, showed their colours during the Woody Bay, Ross/Inglis hearing. Three days of substantive testimony by a succession of witnesses with a lifetime of experience of sailing and boating in the Gulf was not enough to convince the commissioners who, once again, ticked the box to grant yet another 20 year private occupation of the seabed to property owners.

 

As in the Awakiriapa Bay case the AYBA, supported by a submissions from Ron Copeland representing the Ponsonby Cruising Club and the Townson Owners Association and Kevin O’Sullivan, went into battle to challenge the ARC decision in the Environment Court. Once again the ARC commissioners’ decision has been slammed in the Environment Court in the strongest of terms and the appeal upheld.

 

Dr. Miller said that GAPS regards the decision as just one step in the resolve of the organisation to ensure that Gulf anchorages remain accessible to the recreational boating community for present and future generations and that it is not for privatization. An additional focus will be a drive to insist that Commissioners appointed to consider Resource Management Consent applications involving maritime issues have an appropriate background and an understanding of the relevant legislation and policy documents.

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GAPS is the Gulf Anchorage Protection Society - President Tom Miller has released the following press release covering the Woody Bay Mooring Appeal:

 

GAPS in the system

 

Dr. Tom Miller, Chairman of the Gulf Anchorages Protection Society, GAPS, said the organization was gratified with the outcome of the recent appeal to the Environment Court by the AYBA .

 

The Environment Court overturned a decision of ARC commissioners, chaired by Ms. Dianne Glenn, that granted a 20 year lease of the seabed in Woody Bay to two Rakino Island property owners. The successful appeal has vindicated the vigorous opposition of the recreational boating community to attempts by property owners on Gulf Islands to privatise large areas of the seabed in popular Gulf anchorages.

 

GAPS and the AYBA initiated a call to arms to oppose the Woody Bay mooring application by Messrs. Ross and Inglis that resulted in 225 submissions opposing the application being received by the ARC. Antagonism to the application was driven by two recent decisions by ARC commissioners, also chaired by Ms Glenn, to grant applications for moorings in Awakiriapa Bay on Waiheke and Home Bay on Rakino Island.

 

Dr. Miller said that the Commissioners lacked the boating experience and knowledge of the Gulf to make an informed decision. The Commissioners involved in the Home Bay decision were described as ignorant in that very basic aspects of the application had to be explained to them; arrogant, in that the Chairperson stated that she had not read up previous relevant hearings and did not intend to and incompetent in that they failed to observe and uphold the ARC’s own coastal policies. The latter comment was fully justifiable given the statement by the Environment Court judge who rejected the ARC Commissioners decision to grant consents for moorings in Awakiriapa Bay as being “repugnant to their own policies”. ARC Chairman ,Mike Lee, dismissed GAPS concerns regarding the commissioners ability with an eloquent “that is bullshit, and you can quote me as saying that”.

 

The three Commissioners , again Chaired by Ms. Glenn, showed their colours during the Woody Bay, Ross/Inglis hearing. Three days of substantive testimony by a succession of witnesses with a lifetime of experience of sailing and boating in the Gulf was not enough to convince the commissioners who, once again, ticked the box to grant yet another 20 year private occupation of the seabed to property owners.

 

As in the Awakiriapa Bay case the AYBA, supported by a submissions from Ron Copeland representing the Ponsonby Cruising Club and the Townson Owners Association and Kevin O’Sullivan, went into battle to challenge the ARC decision in the Environment Court. Once again the ARC commissioners’ decision has been slammed in the Environment Court in the strongest of terms and the appeal upheld.

 

Dr. Miller said that GAPS regards the decision as just one step in the resolve of the organisation to ensure that Gulf anchorages remain accessible to the recreational boating community for present and future generations and that it is not for privatization. An additional focus will be a drive to insist that Commissioners appointed to consider Resource Management Consent applications involving maritime issues have an appropriate background and an understanding of the relevant legislation and policy documents.

 

With the greatest respect, criticism of Commissioners in my view would appear to be unjustified especially given the comments in the last paragraph above.

 

The Council staff who draft the section 42A report for such an application hearing are the person/s who should be informing and ensuring the Commissioners are aware at a minimum of the policy and rule context in which an activity is to take place. It is not necessary for Commissioners to know everything about everything to make a good decision. It helps sure, but it is not essential.

 

Haven't read the Environment court news yet but me thinks there is considerably more to this than the above belies.

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The Court's decision may be viewed at:

http://www.cananz.org.nz/WoodyAppeal.pdf[/quotrs

 

Intriguing & Interesting discussion around the relevant assessment matters and precedent. Particularly interesting when decisionmakers cherry pick assessement matters to suit their decision or submitters or appellants cherry pick the same assessment matters to suit their position They are conjunctive and must be applied in a conjunctive way as the decision states.

 

Nothinig particularly new in the arguements though in terms of public versus private etc

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GAPS is the Gulf Anchorage Protection Society.....

 

Dr. Miller said that GAPS regards the decision as just one step in the resolve of the organisation to ensure that Gulf anchorages remain accessible to the recreational boating community for present and future generations and that it is not for privatization.

 

I look forward to the day when GAPS argues in favour of some nice sheltered anchorages in and around the Auckland CBD area and demonstrate that they are interested in protecting/providing anchorages for all of the boating community not just those in Westhaven etc who want anchorages laid on for them in the rest of the Gulf .

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http://www.nzherald.co.nz/nz/news/artic ... d=10746295

 

After the Environment Court loss, Ross and Inglis have clocked up $22,020 in legal costs. They initiate an appeal to the High Court, but then discover a bombshell, referenced, but not considered by the Environment Court.

 

"There is a possible argument that the use of this mooring may actually be a permitted activity and thus not requiring resource consent at all." It's an argument the new Auckland Council, incorporating the ARC, buys. Moorings in place since 1991 and outside the harbour limits at the time, and without a licence or permit under the Harbours Act (since none was required) are, and always have been, perfectly okay. So much so that the council has started issuing certificates of compliance - the first granted in January to Ross and Inglis' mooring at Woody Bay.

 

The association is incensed. "These people are coming with what we regard as illegal moorings, with absolutely no paperwork under any regime, and suggesting that now invokes a clause that says they don't need any more paperwork," says Wagstaff. The association has appealed to the Environment Court for a declaration of the correct interpretation of the Coastal Plan. "It was never intended in our opinion to legitimise moorings that had no paperwork," says Wagstaff.

 

The boating association may have fouled its own anchor, inadvertently mobilising reinforcements for Ross and Inglis' cause. The council says it's aware of 233 moorings at Waiheke, Pakatoa, Rotoroa, Ponui Great Barrier and Rakino Islands which were outside the harbour limits when they were established.

 

Of those, it has records for 80 mooring owners and has so far been approached by five seeking compliance. The court has ordered that those who could be affected by the outcome of the hearing set down for November should be notified.

 

Wagstaff maintains the association regularly checks with club delegates and has support for its actions. But the Weekend Herald has heard from Outboard Boating Club members who disagree and say they haven't been consulted.

 

Wagstaff says the association hasn't yet decided, should it win, whether it would then go to the High Court to try to overturn Ross and Inglis' mooring compliance. Meanwhile the council has had a dramatic wind shift on the mooring chain - now seeing what it once deemed illegal as legal. Which turns this fight into farce - albeit a very expensive one.

 

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As a recreational yachtsman who spent his formative years on an island, I like to think I can see both sides of this argument. I agree that there is nothing more annoying than a bay full of mooring buoys and tend to think sailors in the sounds or across the ditch in Broken Bay, might have the right idea, public moorings. However looked at from the resident's point of view, their boat is their means of transport and their mooring their garage. How would you sleep at night if you were ashore in your house, the wind came in and your boat was on an anchor and not a secure mooring. If you are cruising you can up anchor and move. If you are ashore you may not even be able to get out to your boat. There are a lot of anchorages in the Gulf, perhaps we are being selfish. After all most of us go home and leave our boats in a safe harbour. St Marys bay used to be a nice anchorage.

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However looked at from the resident's point of view, their boat is their means of transport and their mooring their garage. How would you sleep at night if you were ashore in your house, the wind came in and your boat was on an anchor and not a secure mooring. If you are cruising you can up anchor and move. If you are ashore you may not even be able to get out to your boat. There are a lot of anchorages in the Gulf, perhaps we are being selfish.

 

HALLELUJAH

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I have no idea what this is all about. But I certainly have to be in suport of Fossils comment.

So this is about a Mooring?? The argument sounded like the entire Bay, by using the words "Privatise large area's of the Seabed".

In the Sounds, you are allowed to have a mooring for your property. One Mooring for one property. That's fair I think. I would far rather see a mooring bouy in a Bay that a Boatshed on the beach with Rails into the water. And a mooring takes up less room than a Boat at anchor. So what's the problem? All this sounds to me like, it is open game season to the first one that reaches the bay and gets the prime anchor location and everyone else can get stuffed.

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