High Court rules on Army Hall land

The High Court has ruled against the Crown in the Army Hall case. The decision prevents the Crown from offering the land to Whakatane District Council under section 50 of the Public Works Act 1981.

In his ruling High Court judge, Justice MacKenzie said the Crown had failed to have proper regard to its obligations to Ngati Awa under the Treaty Settlement agreement. Justice MacKenzie noted that the Council has throughout shown a keen interest to obtain the land.

He also noted that “It (the Council) took steps which it considered appropriate to advance its own interests and that was a perfectly legitimate strategy.

The Council is yet to consider the decision and whether it wanted to pursue the matter any further.

The Council had been in communication with the Ministry of Defence since the late 1980’s about having the Army Hall site returned when it became surplus to requirements. It was intended to use the land for further development of the waterfront, public amenities and spaces and parking for the wharf.