There is an ''absolute confrontation between the developers
and planners'' regarding the Pak'n Save and Mitre 10 Mega
projects for the Frankton Flats, Justice John Fogarty said
yesterday, and he must decide whether the granting of consent
for both proposals was justified.
During the High Court hearing held at the Queenstown District
Court yesterday, Justice Fogarty heard the opening
submissions for Queenstown Central Ltd, which includeda
history of Frankton's zoning.
Queenstown Central's counsel, James Gardner-Hopkins, argued
the Environment Court proceeded ''early on'' as if Queenstown
Central - owner of adjoining land - was a trade competitor of
Shotover Park Ltd, which owns the land where the Pak'n
Save.and Mitre 10 developments are planned.
As well as that wrongful assumption, it was also erroneous of
the court to grant consent ahead of the Plan Change 19
decision, Mr Gardner-Hopkins said.
Justice Fogarty acknowledged he must also decide whether the
Environment Court was wrong to essentially allow ''developers
to proceed ahead of the planners'' before the resolution of
the plan change, which seeks to change the zoning of the
Consent for the proposals was granted last July and August,
following an Environment Court hearing in May.
The Mitre 10 Mega consent is being appealed by Queenstown
Lakes District Council and both consents are being appealed
by Queenstown Central Ltd.
Mr Gardner-Hopkins said the assumption Queenstown Central was
a trade competitor of Shotover Park Ltd stemmed from a
connection between his client and Queenstown Gateway Ltd.
The two were not sister companies and Queenstown Gateway did
not have any shares in Queenstown Central. They only shared
the same property manager, Redwood, Mr Gardner-Hopkins said.
Queenstown Gateway is proposing a shopping complex including
a Countdown supermarket and it was perceived that Queenstown
Central was arguing against the Pak'n Save development
because of Queenstown Gateway's proposal.
Mr Gardner-Hopkins said Queenstown Central could stand to
benefit from having two ''supermarket anchors'' on either
side of its land.
''QCL is not in the market for a supermarket, so how can it
be a trade competitor?'' Mr Gardner-Hopkins asked. Queenstown
Central was ''not intending to sell or lease their land for a
The hearing continues today and could run for the rest of