Skypath – Why NRA pulled out of the appeal process in the Environment Court.
At its August 2016 meeting the Executive made the decision not to proceed with its appeal. This was not an easy decision after so much time, effort and money had gone into NRA’s campaign to slow down and significantly alter the implementation of the Skypath as originally planned because of its negative effects on Northcote Point. The turning point was that direct and indirect threats were being made by AC staff of legal damages action against NRA’s experts. Action against the Association would not be a concern because it has very limited funds and could not be badly hurt. Executive members could not be sued successfully when they had acted responsibly and prudently. For a private individual singled out as an expert, however, a successful damages case for significant funds could be ruinous and the Executive was not prepared to let this happen.
It was decided later (December 2016) to pay NRA’s half-share of joint legal costs incurred on its and the Northcote Point Heritage Protection Society’s behalf, up to the point when they ceased to act together. This put to good use the remainder of the monies donated through the Give-a-little campaign for funds, after NRA’s own direct legal costs had been met.