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The ongoing Dome Valley landfill case is having repercussions for the Pakiri sand mining hearing in the Environment Court, which was originally set down to start in next month.
On the question of hearing dates, Judge Jeff Smith, who is presiding over both cases, says there needs to be sufficient time to do preliminary evaluation and drafting in relation to the landfill case, as well as a proper reading of the evidence in this [the sandmining case] case.
In a court minute, Judge Smith says the evidence for Pakiri has already been subject to a number of applications for extension, and it is clear that the parties are having some difficulty in preparing and filing their evidence in the timelines given.
Applications for extensions relate to the applicants’ late provision of data, and another to counsel and a witness being involved in the extended landfill case.
The likely starting date is now July, with three-week long sittings in August and September, and finishing in early October.
As a consequence of a later hearing date start, the court is also considering an extension to evidence deadlines, which is feels should give adequate time for mediation.
The court will hear appeals against all three decisions on whether sand mining should or should not continue off Pakiri and Mangawhai beaches. The appeals deal with a decision to refuse McCallum Brothers resource consent to continue to mine sand inshore and offshore along the Pakiri and Mangawhai embayment, and a decision to grant conditional consent for them to take sand from a mid-shore area north of Te Arai Point.
The parties involved in the case are McCallum Brothers, Manuhiri Kaitiaki Charitable Trust, Friends of Pakiri Beach, the Director General of Conservation, Auckland Council and Pakiri G Ahu Whenua Trust.
