The challenge by University of Otago faculty of law Associate Prof Ceri Warnock came as final submitters had their say on the fifth day of a resource consent hearing yesterday.
Among them was Prof Warnock, a specialist in resource management law, who told the panel she was "deeply concerned" they were going beyond their jurisdiction by proceeding with the hearing.
That was because the team behind the project, headed by Tekapo businessman Anthony Tosswill, had submitted last-minute evidence touting the hotel’s economic benefits, after submissions had closed.
The public had not been given the chance to assess that information before deciding whether to submit or not, she said.
Mr Tosswill’s team had also indicated design changes were on the way, which made previous assessments of the hotel’s impact on its surroundings invalid, she said.
"I don’t know what I’m submitting on," she said.
She urged the independent commissioners, headed by chairman Andrew Noone, to seek legal advice on the process before proceeding.
The hotel, if built, could be the most dominant building in Dunedin, making it all the more important to ensure the process was right, Prof Warnock said.
"You can’t get this wrong," she said.
However, independent commissioner Stephen Daysh assured her the committee was already taking legal advice, and her concerns would be "weighed up ... very carefully".
Mr Noone said a memorandum issued by the committee earlier this week outlined the extra information needed to ensure a robust decision.
It also outlined the process by which submitters would have a chance to consider and respond to the material, he said.
The information would be made public next week, and submitters could then make further submissions and address the committee when the hearing resumed on August 17, he said.
Prof Warnock’s challenge came after lawyers linked to two hotel chains also questioned aspects of the hearing process in submissions earlier this week.
The challenges have not stopped the hearing, which was adjourned by Mr Noone late yesterday after the final submitters wishing to speak had been heard.
Mr Tosswill’s team is yet to exercise its right of reply, respond to suggestions traffic plans for the hotel site contained "fatal flaws", or reveal details of other design changes being considered.
That was expected to follow when the hearing resumed, although more information could be released next week.
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