Court action delays plans

Press, 9 December 1983, Page 20

Court action delays plans

Legal moves to overturn the Government’s decision to add South Okarito and Waikukupa forests to the Westland National Park are holding up development of the enlarged park. A large hut with 28 bunks in four bunkrooms has already been designed and a site prepared at Blanchard’s Bluff — a dramatic spot on the coast halfway between Okarito and the Waiho River mouth.

Costing more than ?60,000, it was to have been built in time for this year’s summer holiday season, but Lands and Survey has had a legal decision on the matter and decided on that advice to delay starting the new complex.

It.will have to wait until the High Court decides on the point of law raised by Federated Futures Incorporated, the Westland Timber Workers’ Union, and > Westland County Council regarding the Government’s decision in ,1981 to enlarge the national park' and create an extensive “mountains to the

sea” park corridor in the area. The claims, signed by Mr J. D. Dalgety, the Wellington lawyer who acts for Federated Futures, seek a declaration that the actions of the then Ministers of Forests and the Environment in adding to the park were contrary to law and of no effect

They claim, among other things, that there was no valid recommendation from the National Parks and Reserves Authority; that the Minister of Lands took into account an irrelevant matter — that the move was very acceptable politically just before the 1981 election - and that there was no proper recommendation from the Minister of Forests and the National Parks Authority to the Minister of Forests and the National Parks Authority to the Minister of Lands, as required by law. Federated Futures says in its statement of claim that the areas added to the park were State forests which would have been -fijade available for milling in the

future. About 200 of its 600 members are in south Westland, it says, and they will be prejudiced as a result of the bush not being available for milling. The Westland Timber Workers’ Union says it has about 188 members in South Westland, most of them working for companies which would have sought timber from those forests.

Westland County Council argues that if the forests had been used for milling, it would have received substantial royalty payments made to it by the Crown for roading purposes.

Although the motion has been filed, there has been no proof of service so far, the Greymouth court office reports. (Summonses may not be served on members of Parliament while Parliament is sitting.) No date for a hearing has been set, and the earliest available date in Greymouth will be March 5 next year.

Mr Rob Austin, commissioner of CrowniLands at Hokitika, says the

Blanchard’s Bluff complex is designed to expand public facilities in the new part of the park. A small hut is there already, but the much larger one would cater for school parties and other large groups. “We’re upgrading the track and providing a use for the public without committing a large amount of capital,” says Mr Austin.

Tenders for the new hut at Blanchard’s Bluff were called a month ago, but a decision has now been delayed. “Instead we are carrying on with doing a management plan,” says the commissioner. “This delays the prudent development of the area for future use, but we have no control over it. We were advised not to proceed.” Mr Austin says the additions to Westland National Park will provide lowland activity which can continue for 12 months of the year. One suggestion being considered is the extension of the track from Lake Alice through to Lake Mapourika, with boat trips across the lake to the highway.