EBOP Judicial Review

Whakatane District Council is surprised and very disappointed with the High Court’s decision.

The Mayor of Whakatane District, Colin Holmes says the Council and others are surprised and disappointed with the decision because there was a clear case that the Regional Council had not followed proper process in reaching its decision to relocate,

“It was quite clear that due process was not followed and that an element of prejudice and predetermination was present in the Regional Council’s decision making process. We are disappointed that the Judge appears to have ignored these facts.”

Equally disappointing was the fact that in her decision the Judge gave no reasons for dismissing out of hand the findings of a recent High Court decision that overturned a decision made by the Christchurch City Council. As a result there are now two conflicting High Court decisions about council decision-making processes.

Mr Holmes said the opposition by the eastern Bay of Plenty Councils, Rotorua, the Regional Focus Group and others to the relocation was vindicated by the local government election results last year.

He said while the High Court has ruled in favour of the Regional Council, WDC believes and is confident that there has been sufficient change at EBOP and the new Council has a better understanding of the community’s concerns and merits of the case put forward.

“The changes in the economic environment over the last few months, is a factor that the Councillors need to take into account on whether to continue and commit significant funds to the relocation project.

“Additionally the public mood for change in the structure and effectiveness of local government and the Government’s lead in Auckland suggests that the Bay of Plenty has a bigger debate on its hands than where EBOP’s headquarters is located at the moment.”

Mr Holmes says the Whakatane District Council will continue to work with other councils in the region to ensure that Eastern Bay of Plenty receive the appropriate attention and profile in the Regional Council’s decision-making processes.

The Chairperson of the Regional Focus Group, Jacqui Hughes says the Group while disappointed with the outcome, it was necessary that the Regional Council’s decision process be reviewed in the interest of transparency and democratic decision-making.

The Council will be reviewing the decision at its next meeting.