Tainui out to protect its base

Waikato-Tainui is taking Hamilton City Council to court over its controversial plan to try to restrict commercial development outside the city's CBD.

The council has appointed a committee to hear about 120 submissions on its change to its district plan known as Variation 21 but Tainui isn't waiting for that process.

It has filed an application for a judicial review which will see the two square off in the High Court at the end of the month. The hearing is set down for March 30 and 31 and centres on Waikato-Tainui's complaint that the council did not consult with tangata whenua before deciding to implement the variation, which aims to rejuvenate the city's heart by restricting development outside the central business district.

Waikato-Tainui is the only shareholder of Tainui Group Holdings (TGH) which runs Te Rapa shopping centre The Base, which would be hardest hit by the proposed variation.

TGH says in its submission to the council about the variation that The Base is worth $200 million to the tribe and is the largest contributor to its commercial income.

TGH's submission says it is a way for Waikato-Tainui to manage its ancestral lands returned as part of Waikato-Tainui's treaty settlement.

"V21 fails to take into account the principles of the Treaty of Waitangi, both in the manner in which V21 was promoted and its intent," the submission said.

The variation would put paid to TGH's future plans for The Base which include a hotel, medical centre, more retail space and a movie theatre to be built as a second storey.

Variation 21 creates a new central commercial services zone ringing the city centre, where retailing and office space can evolve.

But owners of property in the general commercial service zone beyond that ring will require resource consent for retail premises larger than 150 square metres and office space larger than 250sqm. And in the industrial zone, such activities will be non-complying.

Hamilton Mayor Bob Simcock said the council had been advised Waikato-Tainui was challenging the variation on the basis the council did not consult with Tainui before notifying the variation.

"We're not surprised the review is being sought," Mr Simcock said.

He said the review would carry on in parallel to the council's submissions process.

Barrister Doug Arcus has been asked to chair a committee which will be set up to hear submissions.

A date for hearing oral submissions is yet to be set down and the council is still compiling written submissions into a summary.

- © Fairfax NZ News