4.               The Council has purchased the property at 5/14 Warborough Avenue from the applicant. The Council has agreed to exchange the property with the Department of Conservation for the land known as the St Georges Reserve under section 13 of the Reserves Act 1977. This agreement recognises the cultural significance of the property at 5/14 Warborough Avenue to Ngati Maru and other Maori, and will ensure that the land is in future managed as part of the Mt St John Domain.

5.               The parties respectfully request that the Environment Court allow this appeal and cancel the applicant’s resource consent.

6.               A related appeal was lodged by the Mt St John Preservation Society (RMA 234/99). This appeal was withdrawn following the Council's decision to purchase the property.

7.               There are no other parties who have indicated that they have an interest in this matter under sections 271A or 274 of the Act.

8.               No party seeks costs.

DATED this 8th day of January 2001

P F Majurey

Counsel for the appellant

D A Kirkpatrick

Counsel for the respondent

M L S Cooper

Counsel for the applicant