The Mount Protection Society's first public outing resulted in donations to its cause and about 200 signatures on a petition to stop a redevelopment of the Mount Hot Pools.

A positive response at a sausage sizzle gave the Mount Protection Society hope as it prepares for the legal wrangle with Tauranga City Aquatics Ltd.

Tauranga City Aquatics Ltd, a Tauranga City Council controlled organisation, is appealing an independent commissioner's decision to refuse planning consent for their $10 million hot pools redevelopment and expanded wellness centre plan.

The MPS formed to fight TCAL's planned redevelopment held a sausage sizzle at Mount Maunganui Main Beach on Sunday.

'A lot of people came over to see what was going on and to get some further information,” says MPS member and Tauranga City Councillor Catherine Stewart.

'Over 200 people signed a petition to council to stop the redevelopment,” says Catherine. 'It was an amazing response and I think a lot of people were upset or amazed that TCAL was opposing the council's independent commissioner's findings.

'Some didn't realise the extent of the wellness centre and were surprised by many aspects of it – 99 percent of people were totally behind us.

'One or two didn't have an opinion either way, but there is massive overwhelming support for what we are doing.

'A few gave money towards our fighting fund.”

The parties are to go to Environment Court mediation on July 18, which is the first step in the appeal process.

The appeal process has placed the Tauranga City Council in an awkward position as it is defending an appeal made by its own CCO.

The appeal is lodged against the decision to decline consent made by an independent commissioner, who was engaged in the process by the council.

In the appeal, TCAL is seeking legal costs from the city council – the ratepayers.

'I think it's a unique situation, but at the end of the day it's all part of quite a complex process of the Resource Management Act – and ultimately TCAL is seeking to improve the site,” says Mayor Stuart Crosby.

'What TCAL has asked to do is to take into account what the commissioner's said with regard to the failings of their first application and see if they can address those through negotiation, which is always the first part of an appeal.

'You don't rush straight off to court – you see if you can resolve the issues of concern.”

He expects the councillors to be consulted at every step – including if TCAL elects to take the appeal to the Environment Court, a process the city will have to pay for.

'Ultimately we pay anyway,” says Stuart.

'They are a council controlled organisation, but ultimately it is a ratepayer owned entity and I don't think we should forget that.

'You have to respect the process. You have to respect their right to appeal. And you have to respect individual people in the community's right to object to a proposal.

'And yes that costs everybody money at the end of the day, but it's called democracy.”

Commissioner Greg Hill declined the TCAL proposal because it is not appropriate for the conservation zone and public reserve land which TCAL expects to appropriate for the expanded hot pools.

The redevelopment is also not consistent with the outstanding landscape feature of Mauao.

He also expressed concerns about the adverse effect it will have on the landscape, the loss of visual amenity, loss of open space and the effects it will have on transportation and parking.

The Mount Hot Pools is closed for the next few months while a leak is repaired.