A decision by New Zealand's highest court allows a boatyard to use waterfrontland andcementscouncils' authority over esplanade reserves.

The Supreme Court decision allowsDoug's Opua Boatyardto use the esplanade reserve in Walls Bay in Northland's Bay of Islands.

The ruling published on Tuesday ends decades of legal wrangling over whether the business should be allowed to use the reserve for repairing and washing boats.

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Doug's Opua Boatyard, left, is allowed to use the esplanade reserve between its building and the water for boatyard activities.

Douglas Schmuck, who runs the boatyard, said it was justice "well and truly deserved".

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The Supreme Court rulingbacks Far North District Council's decision to grant the boatyard an easement to use the land.

Schmuck saidit pavedthe way for all district councilsto decide how esplanades couldbe used, without fear of being taken to court.

"It's not necessarily easier for all boatyards - they've got to go through the process," he said.

"All district councils have the ability to deal with boatyards as they should."

Julie Simpson

Opua in Northland's Bay of Islands is a popular spot for boaties.

The council's decision to allow the boatyard to use the reserve, initially made in 1999, was firstopposed by the Department of Conservation and later appealed by Opua Coastal Preservation Incorporated.

A spokesman for the society said members were still reading through the Supreme Court's decision and were not prepared to make comments.

But its website said the society was working toprotect reserves on behalf of all New Zealanders, opposing the use of the reserve for a private business.

Schmuck said the group was wasting time and money, opposing the council's decision which was up-front and above board "from the get-go".

LEGAL FIGHT TIMELINE

The complicated 21-year legal battle culminated in the 48-page decision by the Supreme Court, released after a hearing in July.

1966: Boatyard established and started using what was then an unformed road to pull boats from the water to the boatyard.

1998:Far North District Council stopped the road and turned it into an esplanade reserve.

Google Maps

In Bay of Island's Walls Bay, an esplanade reserve runs between Doug's Opua Boatyard and the water.

1999:The district council granted Schmuck various easements to use the reserve for boatyard activity. The easements were made under the Reserves Act, requiring consent from the Minister of Conservation.

2000: Department of Conservation's Northland conservator, who had delegated authority from the minister, agreed to the boatyard using the reserve for access but not for the repair of boats. Schmuck did not accept the outcome and the easements were not formalised.

2002: Schmuck applied for resource consent for boatyard activities on the reserve, including repairing and washing down boats. The Environment Court ordered Northland Regional Council and the district council to grant the consents.

2004: Schmuck again applied for easements. Far North District Council agreed to grant some easements but not for repairing and washing down boats.

2005: Schmuck again applied for easements. These were granted by the district council's independent commissioner in 2006.

2007: Department of Conservation's Northland conservator again refused to give consent for all the easements. The consent process was put on hold while Schmuck, unsuccessfully, tried a legislative change.

2013: The District Council asked the Department of Conservation to make a decision on the easements. The conservator again decided the district council could grant easements allowing access but not the washing-down and repairing of boats.

Later in 2013: The Conservation Minister changed the laws, giving councils authority under the Reserves Act.

2014: After the Environment Court declared the resource consents granted in 2002 remained valid, the district council granted permission to Schmuck to use the reserve land as allowed in the resource consents.

2015: Schmuck applied for a legal review of the conservator's decision and itwas quashed in the High Court. The district council again granted consent for the easements, this time on behalf of the minister.

2017: Opua Coastal Preservation Incorporated, formed in late 2014, asked for a judicial review of the district council's 2015 consent, saying the easements for business activities were not authorised. This argument failed in the High Court but was upheld in the Court of Appeal in 2018.

2019: Supreme Court disagrees with Court of Appeal, reinstating the 2015 consent by the district council to allow the easements as a delegate ofthe minister.

Read more:

Supreme Court allows boatyard to use reserve in Opua, Bay of Islands - Stuff.co.nz