Residents objecting to the decision to grant Queenstown company Totally Tourism resource consent to use a heliport at Arthurs Point can appeal as the Arthurs Point Protection Society Incorporated (APPS), an Environment Court ruled this week.
APPS secretary-treasurer Chris Streat and Totally Tourism counsel Michael Parker and the Queenstown Lakes District Council (QLDC) counsel Jayne Macdonald will meet Judge Jon Jackson in a pre-hearing conference, at the Queenstown District Court, today.
Judge Jackson said the court received appeals against the consent by 21 parties, plus the society as an appellant, on January 13, although the society had yet to be formed.
The parties applied on February 5 to have the incorporated body represent them as they formed 63% of its membership and had a common purpose.
A meeting on May 27 last year of 33 residents, 21 of whom were members of the then unincorporated society, was "crucial" in the judge's decision that the group shared a common purpose.
APPS could correctly succeed the appellants and other attendees of the public meeting, the decision stated.
Judge Jackson called on Totally Tourism and the QLDC to state whether they had any objections to the name change notice in February.
The council submitted in March it was not satisfied that there was enough evidence given by the appellants to qualify the society as their successor.
Totally Tourism agreed, and added "the production of such evidence at this stage is unlikely to be credible".
Two affidavits in support of the name change were lodged by appellants, as requested by the court.
However, no affidavits were sent by QLDC or Totally Tourism by the deadline of April 8.
The council advised the court it agreed the matter would be dealt with on the papers already lodged and would abide by the court's decision.
Nothing further was heard from Totally Tourism, Judge Jackson said.
The judge said the situation he was left in was "somewhat unusual and not entirely satisfactory".
The council and Totally Tourism did not provide evidence or further submissions in support of their opposition, the judge said.
"Whether this means that they are now satisfied that the factual preconditions for substitution have now been proven or not is unclear."
Christchurch Environment Court case manager Chris Jordan told the Queenstown Times the judge would ask parties for an update on case progress at the pre-hearing conference.
Mediation may be raised by the judge or a party.
A timetable for evidence to be submitted and responded may be organised before a hearing date is set.
Arthurs Point Protection Society now has 38 members and another six waiting to join.
