Denial of port's bay request welcomed

Port Marlborough's resource consent application to "occupy" Shakespeare Bay has been declined in its "entirety".

Commissioner John Maassen said in his decision the application was "somewhat confusing", it did not meet the explicit requirements of the Resource Management Act and was contrary to the principles of the Treaty of Waitangi.

Port Marlborough was seeking resource consent to occupy about 19ha of the coastal marine area of Shakespeare Bay to give the port unfettered access to and from Waimahara Wharf at all times.

It wanted legal entitlement to water space and had first sought 25ha of water area extending from one side of Shakespeare Bay to the other. It reduced its application to 19ha taking out a narrow strip of water on the west side of the bay.

"The consequence of granting the application would be to `lock up' the 19ha, including seabed and water column for a period of 35 years. I consider that outcome would be contrary to the principles of the Treaty of Waitangi," the commissioner's decision stated.

Port Marlborough chief executive Ian McNabb said he had not examined the decision declining the application closely yet.

"Any decision has options. We could appeal or look at other options.

"I don't know what the details of those options are at this stage and we haven't made the call whether to appeal the decision yet.

Seven submitters opposed the application. Owners of moorings said it would preclude use of their moorings and their ability to move freely in and out of the bay. Other submitters (Te Atiawa, the Marlborough Environment Centre and Guardians of the Sounds) said the application was a dangerous precedent and contrary to the RMA's management of the coastal marine area and that it was inconsistent with the principles of the Treaty of Waitangi.

Guardian of the Sounds chairman Peter Beech said his organisation applauded the decision made by Mr Maassen but he could not get excited about it.

"We believe in the future we will see others try to privatise the foreshore and seabed of the Marlborough Sounds.

In the commissioner's decision, he acknowledged the seabed of Marlborough Sounds belonged to everyone and what the port company needed was unfettered navigation access and not the right to occupy.

"Let's hope this decision sends a signal to decision-makers in Marlborough District Council that they should not grant licences to aquaculture companies to privatise entire inlets of the Sounds. The region needs to keep the Sounds for the benefit of all – tourism and recreation.

"Ultimately, we would like to see the Marlborough Sounds made into a national park where it can be enjoyed by all," said Mr Beech.

- The Marlborough Express