The owner of land besidethe site chosen for the proposed Pak'n Save complex at Frankton is appealing the Environment Court's decision to grant consent for the $30 million supermarket.
Queenstown Central Ltd (QCL), which originally opposed both Foodstuffs' Pak'n Save development and the Cross Roads Mitre 10 Mega, has given notice it will appeal the Pak'n Save decision back to the Environment Court.
QCL land is managed by Redwood Group Ltd, the same group that manages the land on behalf of Queenstown Gateway Ltd, a retail development that could include a Countdown supermarket.
QCL's appeal says the consent contains several errors, including making the decision before "higher order issues" of a separate plan change (PC19) had been decided, and regarding QCL as a trade competitor.
Its appeal states the Environment Court erred in finding QCL was a trade competitor of Foodstuffs and that had affected the court's consideration of the landowner's submission.
Judge Jon Jackson and commissioners Ken Fletcher and Heather McConachy concluded last month that a "speedy hearing was the best disinfectant against potential improper behaviours by trade competitors".
"Even if the court's conclusion that QCL was a trade competitor was correct, the court erred in treating it as a consideration relevant to the question of when a substantive hearing should be held on the Pak'n Save application and whether consent should be granted," QCL's appeal says.
QCL says the court failed to comply with the principles of natural justice in its finding, as it had "made clear" trade competition was not relevant in earlier proceedings.
Foodstuffs property and development manager Roger Davidson told the Otago Daily Times the company would be defending the appeal in court if it was accepted.
He said it was "disappointing for the local community" that outside parties continued to "frustrate proceedings".
He said last month the supermarket could be open next year, provided it was not appealed.
A spokesman for the landowners, Remarkables Park Ltd (RPL) director Alastair Porter, said the appeal was disappointing for those wanting cheaper groceries in the district.
"I suspect it's all about wasting time and delaying the establishment of Pak'n Save."
Mr Porter commended the Queenstown Lakes District Council's decision not to appeal the Environment Court's consent, saying this meant it had listened to what the community wanted - "cheaper groceries".
