‘No Bias’ in Wind Farm Decision

PALMERSTON NORTH city councillors kept control over the decision to change the status of Turitea Reserve and open the way for a wind farm, a judge has been told.

In the High Court at Wellington yesterday, the council’s lawyer, John Upton, QC, said council officers repeatedly reminded councillors during a public consultation process that the decision was theirs, despite the agreement reached with wind farm hopeful Mighty River Power.

Letting Mighty River Power put wind turbines on the reserve could earn the council up to $1 million a year.

However, the decision only adds renewable electricity generation to the reserve’s allowable uses. The resource consent process is still to come and the council says it will appoint independent commissioners to make the consent decision.

Mr Upton said the council should be allowed to govern, promote and manage its assets as it sees fit for the community, and answer to the electorate in due course.

But Friends of Turitea Reserve Society has asked the court to overturn the reserve status decision. The society says the council did a deal with Mighty River Power, and has so far accepted $400,000, including $250,000 for changing the reserve status.

The 3500-hectare reserve, about 10 kilometres from central Palmerston North, is open only to restricted groups including possum hunters.

The society’s lawyers have said the change of status was legally improper and the council appeared biased because of the agreement with Mighty River Power.

Mr Upton defended the decision- making process and quoted mayor Heather Tanguay as saying several councillors had changed their mind during the consultation.

He said Justice Baragwanath should not change the council’s decision unless he was satisfied it had actually been biased. The appearance of bias was not grounds for interfering.

The hearing continues.

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