Environment Court rules Bayswater Marina must allow public on to breakwater

Simon and Paula Herbert’s Bayswater Marina has lost an attempt to keep the public off its North Shore breakwater after the Environment Court rejected its case. Justice Jeff Smith and two commissioners released an April 8 ruling in favour of target="_self" rel="" title="https://www.nzherald.

co.nz/topic/auckland-council/">Auckland Council ’s abatement notice, issued on November 29. That requires the marina to let people back on to the breakwater, which is popular for people walking and fishing.



The decision said the council became aware of the closure, despite public access being a condition of resource consents. The marina business, represented by barrister Kitt Littlejohn, got a report saying the potential for serious or fatal injuries to casual public visits from slips or trips was too high..