Onumai Enterprises Ltd had applied to the Otago Regional Council for a development at Taieri Mouth. A hearing was held last month in front of commissioners Rob van Voorthuysen and Ros Day-Cleavin.
Onumai Enterprises Ltd has changed its name to Janefield Enterprises Ltd in response to the concern of te rūnanga about misappropriating a cultural placename.
The applicant wanted to upgrade the wharf and its facilities so disabled people could have better access to the water.
But to finance that, it wanted to establish a multi-use building during the day and accommodation at night in the coastal marine area.
The number of nights available for overnight use was reduced from 180 nights a year down to 60 for groups who did not have a disabled person with them. There would be a maximum of five consecutive nights of accommodation.
The applicant also proposed to donate 3% of all accommodation income to undisclosed Taieri Mouth community initiatives. A minimum of six days of community use per year would be free of charge for use by community groups.
The wharf facilities — the wharf, crane and hoist — were reliant on the wider facility establishing a commercial model, which would support the ongoing maintenance of the facilities.
The two commissioners decided there was no functional or operational need to locate the multipurpose building and its associated private residential and commercial accommodation in the coastal marine area.
It would create an adverse precedent and give rise to potential minor reverse sensitivity effects. It would also have adverse effects on the cultural wellbeing of te rūnanga.
The panel approved the wharf, access ramp and floating pontoon but declined consent for the buildings.
The commissioners said only mana whenua could enunciate the nature of adverse effects on Māori cultural values and interests with any degree of authority.
"On the evidence before us, we find those adverse effects to be significant and we are unable to conclude that they can be avoided or mitigated through the imposition of consent conditions, reflective of the fact that te rūnanga sought that the applications be declined," the commissioners said in their decision.
The commissioners put considerable weight on precedent.
"There would also be an undesirable precedent created for the occupation of space in the coastal marine area for residential and commercial accommodation purposes in both other coastal development areas and the wider coastal marine area."
In evidence to the hearing, Sally Barkman, who is in a wheelchair, said being able to board a boat safely without family or friends lifting her would be incredible.
"The freedom to get in a canoe safely and head out on the water would be fantastic. To be able to experience things like this, like able-bodied people, would be life-changing."
The applicant declined to comment when contacted yesterday and was considering its options.
