End looms for island watchdog

A long-running island watchdog is facing its final days after failing to pay court costs for pursuing a fight to prevent a house being built at Palm Beach.

The Gulf District Plan Association Incorporated has still to pay the $20,000 costs to Tony and Sandra Pope ordered by Environment Court judge Laurie Newhook in April.

The costs were awarded after he ruled the association's bid to stop the Popes getting resource consent to build a house on their land in Cory Rd in Palm Beach should have been settled out of court.

To meet the award, the association offered to make an immediate payment of $100 followed by monthly payments of $30. It then offered an initial payment of $200 and monthly instalments of at least $60.

But lawyers acting for the Popes say both offers were declined.

They say it would have taken more than 55 years to pay the debt in the first case, and at least 20 in the other.  

The association has not paid any money since the ruling and now faces proceedings in the Auckland High Court on December 2.

The Incorporated Societies Act 1908 allows the court to put a society into liquidation if it cannot pay its debts.

Resource consent for the Popes' proposed home was initially refused by the Auckland City Council in 2006, but the couple lodged an Environment Court appeal.

The council tried to settle the matter out of court on the basis of an amended proposal and agreement over conditions.

But the Gulf District Plan Association opposed that - forcing the matter into court, which heard the case this year and overturned the council's decision to refuse consent.

Judge Newhook said the association had failed to take part in negotiations to reach a settlement, despite "numerous opportunities" to do so, and he ordered  it to pay half the Popes' court costs.

Association secretary Jay Clark says liquidation won't help the Popes get their money and is appealing for donations to cover the full amount so the 28-year old association can continue.

He says many benefits have been won for islanders since the association's 1981 inception - with the protracted battle for public access to Stony Batter and the eastern end loop road just one achievement.

Mr and Mrs Pope declined to comment.

- Waiheke Marketplace