High Court dismisses Maui Bay development challenges

The High Court in Suva has dismissed two legal challenges over development approvals in Maui Bay, ruling that the Fiji Court of Appeal had already determined the key legal issues.

The cases, brought by members of the De La Mare family, challenged decisions by the Director of Town and Country Planning relating to developments in the Coral Coast subdivision.

In a judgment delivered on July 13, Justice Anare Tuilevuka said the Court of Appeal's decision in Peterson v Director of the Department of Town and Country Planning resolved the central issues raised in both applications.

The dispute centred on the Specific Development Guidelines for Maui Bay, introduced in 2009 to guide development in the area.

Residents opposing tourism-related developments argued the guidelines should be followed when development applications were assessed.

However, the Court of Appeal ruled the guidelines were not legally binding and did not have the force of law.

Justice Tuilevuka said Maui Bay was not covered by an approved town planning scheme, meaning the Director had discretion under the Town Planning Act to approve developments, even if they differed from the guidelines.

The judge dismissed both applications, finding the issues had already been determined by the Court of Appeal.

The applicants were also ordered to pay $1,000 in costs to the respondents in each case.

The ruling is expected to guide future development disputes in Maui Bay by confirming that the Director is not legally bound by the area's development guidelines.