A High Court decision to quash appeals in support of the $50 million Pak'n Save and Mitre 10 Mega development in Queenstown is against central Government mandates for affordable living, the developer says.
Shotover Park co-director Alastair Porter, speaking from London last night, said he was ''extremely disappointed'' in the decision released by Justice John Fogarty yesterday and would read the document in full before deciding whether to appeal.
Mr Porter said he was ''at a total loss'' to understand opposition to stores such as Pak'n Save and Mitre 10 Mega which would employ about 300 staff, provide the community with affordable groceries and affordable building material in a location which would not undermine Queenstown's central business district.
''Not one single person in Queenstown has opposed Pak'n Save and Mitre 10 Mega,'' Mr Porter said.
''This approach ... is clearly contrary to the direction central Government is trying to achieve in terms of more affordable living.''
Foodstuffs South Island Ltd property and retail development general manager Roger Davidson said yesterday he would not comment until he had read the decision.
Shotover Park and Foodstuffs appealed Judge Jane Borthwick's interim decision in February on plan change 19: Frankton Flats to the High Court last week, claiming several errors of law, which were eventually narrowed down to two.
The landowning company and Foodstuffs argued Judge Borthwick did not give enough weight of consideration for the resource consents for the supermarket and Mitre 10 Mega, proposed by Cross Roads Properties Ltd, which Judge Jon Jackson approved in July 2012.
Just seven working days after Justice Fogarty adjourned the High Court hearing in Queenstown, he said in his decision the questions the two judges were examining were ''materially different'' - so different there was no duty on Judge Borthwick's decision to consider the reasoning of Judge Jackson's decision of approval, as Shotover Park and Foodstuffs claimed in their appeal.
Judge Borthwick was considering a plan change while Judge Jackson was considering a specific resource consent appeal. The court was not obliged to assume the Frankton Flats development was eventually going to contain the two stores because they had been appealed to the High Court.
Justice Fogarty's earlier decision overturning Pak'n Save and Mitre 10 Mega consents has been taken to the Court of Appeal by Cross Roads and Foodstuffs.
The story so far
2009: QLDC recommends plan change 19, which changes the land at Frankton Flats from rural zone to urban.
2010: Foodstuffs applies to QLDC for consent to build a Pak'n Save supermarket.
2011: Consent declined. Cross Roads applies for consent to build a Mitre 10 Mega. This is later referred to the Environment Court.
2012: Environment Court hears Foodstuffs' appeal and Cross Roads' application. These are granted but later appealed by the QLDC.
2013: High Court rejects appeals against the granting of consent.
