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Free public access to the Hammerhead, at the tip of Gulf Harbour Marina, may be affected by the decision of independent commissioners not to include an esplanade reserve.
The commissioners’ hands were tied on the issue of granting resource consent for lessee Gulf Harbour Investments to subdivide the land, as this predetermined by a High Court decision in 2009. The key issue at stake, and of concern to residents, was the request by applicant, Auckland Council CCO Panuku Development Auckland, that no esplanade reserve (Queen’s Chain) be created around the edge of the subdivision.
The Hammerhead is a hub for the ferry service, recreational use and parking. Large numbers use the public boat ramp. Many of the 370 submitters who wanted an esplanade reserve, as well as the Hibiscus & Bays Local Board, claim that it is the only way to ensure long term, free, public access to those facilities.
As well as members of the public, submitters in opposition to the application included Auckland Transport – concerned about the possible effects on parking and public transport – and the developers of Hobbs Wharf, Top Harbour, which has invested heavily in the ferry service from Gulf Harbour to the city.
In the decision, released on July 13, the commissioners state that: “public access to and through the Hammerhead area is maintained through the provisions of the [Gulf Harbour Vesting and] Empowering Act and a modified form of the consent notice condition offered by the applicant will secure better public access outcomes than would be achieved by requiring an esplanade reserve to be provided”.
As a result, the commissioners have included in the consent conditions that: “the owners, lessees and/or occupants of Lots 7 to 9 are not to do anything that would have the effect of restricting or impeding public access to any part of Lots 7 to 9, except that public access may be restricted: into any buildings … and the helipad; or if authorised by the provisions of any bylaw made under section 13 of the Rodney County Council (Gulf Harbour) Vesting and Empowering Act 1977. For the purposes of this condition, ‘public access’ means entry by foot or by vehicle for temporary use.”
Despite these conditions relating to public access, Crs Wayne Walker and John Watson say an esplanade reserve would have guaranteed much better access for the public. “What the decision means is that the Council, as owner of the land, will need to confront this issue in some resolute negotiations with Gulf Harbour Investments,” Cr Walker says. “There is no justification for any charging regime since it’s Council that’s been covering all the maintenance costs on the Hammerhead.”
Cr Watson says Council has options if there is any adverse change to the status quo. “We’ve been saying for years that the Public Works Act is the answer – Council already owns the land, it should simply buy out the potential lease,” he says. “This land is far too strategically important for the ferry service and the all-tide boat ramp. The community has been battling for over a decade to safeguard their rights on the Hammerhead. Opposition is now stronger than ever and Council must act decisively to protect this invaluable public asset for the future.”
The councillors will organise a public meeting to help the community decide its next steps.
Hibiscus & Bays Local Board chair Julia Parfitt says she is disappointed with the decision. “I have concerns around what exactly is “temporary use” and the total reliance on the powers of the Empowering Act,” she says. “I would have preferred to see additional protections so the public could have an absolute right of free access. I’m also unsure how boat ramp access will be affected and I’ve requested more information about that.”
The copy of the decision is linked here. [PDF]
