Judicial review halts port of Tauranga’s fast-track application

The Port of Tauranga’s fast-track application for the Stella Passage development has been placed on hold after a judicial review was upheld by the High Court.

The Court ruled that the Environmental Protection Authority should not have accepted the Port’s application, as the project was not described in full under Schedule 2 of the Fast-track Approvals Act.

As a result, the Fast-track Panel, originally scheduled to begin on 1 September, has been suspended pending further direction from the Court.

Port of Tauranga Chief Executive Leonard Sampson expressed frustration at the setback.

The Port noted that its application to be included in Schedule 2 was clear in describing the Stella Passage development as encompassing both Sulphur Point and Mount Maunganui wharves.

Although the High Court acknowledged that the omission from the legislation was likely a mistake, it determined there was no legal discretion available, meaning the EPA could not accept the application under the current wording.

Sampson stressed the economic consequences of ongoing delays  as last month, they had to reject a proposed new service to the Americas that could have delivered an estimated US$65 million to US$90 million annually in freight savings for New Zealand importers and exporters.

The Environment Court has already assessed the Stella Passage project, finding that environmental effects would be minor in the short term and negligible in the long term.

However, agreement has not yet been reached with iwi and hapū groups on the appropriate level of cultural mitigation.

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