Whakatane District Council to Appeal the EBOP decision to relocate to Tauranga

On Monday 4, May 2009 the Council decided to appeal the decision of Justice Ailsa Duffy dismissing the Council's application to overturn Environment Bay of Plenty's decision to relocate its headquarters to Tauranga.

In announcing the decision to appeal, Mayor Colin Holmes said that at issue was the correct interpretation of the decision making provisions of the Local Government Act 2002. Justice Duffy took a different approach to these provisions then that taken by Justice Lester Chisholm in a recent decision concerning the Christchurch City Council. In that case the Council put up the rents for its tenants without following the proper statutory process. Justice Chisholm said the decision was invalid.

So, the appeal will resolve the competing approaches of the two High Court judges and clarify the law in this important area. Mr Holmes said the Council was acutely aware of the expense of appealing, but considered that it had a duty in the interests of Whakatane's future to do so.