The Otago Aero Club has been ordered to pay $10,000 in costs, half to the Dunedin City Council, for its failed attempt to put the brakes on a residential development on the Taieri Plain.
In a decision released by Judge Jeff Smith, he ordered the Otago Aero Club to pay $5000 to J.B.Farms Ltd for a contribution to costs and $5000 to the Dunedin City Council, also for costs.
The club had gone to the Environment Court last year wanting to be a party to talks between J.B. Farms and the council over the siting of a sub-division on the Taieri Plain, beside the Taieri Airport.
The aero club had come to the process after the major environment court hearing, and a decision had been issued.
Judge Smith said, in his decision to decline the club's case, there had not been a case before the court where a party had been able to join proceedings after a substantive hearing, and where a decision had been issued.
J.B. Farms and the council had been involved in a lengthy court case over the zoning of land on the Taieri Plain.
To allow the club to be involved in the plan would create undue prejudice, which was not allowed under the Resource Management Act.
In his decision on costs, Judge Smith said the application pursued by the aero club had little chance of success.
Too much time had elapsed and any benefit of reopening the matter was outweighed by the prejudice to other parties.
He considered the club should pay a reasonable contribution to the costs of the council and J.B.Farms, in the region of between 30% and 40% of its costs.
Otago Aero Club president Dave Witherow said the club would pay the costs, and had the money to do so.
The judge had applied the technicalities of the law, rather than looking at a safety issue, which still existed, he said.
But the club would not pursue the matter any further.
The club was concerned that one of its runways went out over the housing development.
J.B. Farms Ltd spokesman Dennis Brown declined to comment, when contacted.
Dunedin City Council acting planning-policy manager Paul Freeland said he was happy with the decision.
It was standard practice for the council to recover costs in a matter like this, and it was no surprise to receive the costs.
