Council welcomes High Court decision on East Coast Beach Vehicle Bylaw
Looking north towards Cape Campbell
Marlborough District Council has welcomed the High Court’s judgment regarding the judicial review brought against Council by Te Rūnanga a Rangitāne o Wairau Trust.
The Trust challenged the lawfulness of the East Coast Beach Vehicle Bylaw 2023, which limits vehicle access to Marlborough’s East Coast beaches in order to protect the natural environment and its fauna and flora.
The substantive claim was heard by the High Court in May 2024 over two days. In her judgment published on 3 February, Justice Helen McQueen ruled that none of the challenges advanced by the Trust were established and their claim had failed overall.
Mayor Nadine Taylor said it was a significant decision for Council and the protection of Marlborough’s unique and ecologically significant East Coast.
“The judgment confirms that the Council’s bylaw development process was robust and reasonable and that Council did not breach its obligation to consult Rangitāne.”
“The bylaw restricts vehicle access from the Awatere River mouth, south to the Waima (Ure) River mouth, in order to balance enjoyment for all beach users,” she said.
“Council can now move forward and promote the protection of this coastline through public education, explaining how the bylaw works and profiling the special animal, bird and plant species that call it home.”
The November 2016 Kaikōura earthquake uplifted Marlborough’s East Coast, raising it by up to 2.5 metres. In places where access was previously protected and restricted by tides, it became possible to walk or drive on the beach at any time. More than half of the coastline - 28.5km of the total 48.5km - is recognised as ecologically significant.
In December 2019, Council agreed to consider a new bylaw and spent significant time engaging with iwi, local residents, community groups, scientists and others. This included a full public consultation process with a hearings panel of two independent commissioners and a councillor, which received 193 public submissions. In 2023, the Council adopted the panel’s recommendation to create a bylaw.
For further information go to www.marlborough.govt.nz/your-council/bylaws/east-coast-beach-vehicle-bylaw-2023
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Marlborough District Council has welcomed the High Court’s judgment regarding the judicial review brought against Council by Te Rūnanga a Rangitāne o Wairau Trust.