The Environment Court was correct in issuing consent for the
proposed Wakatipu Pak 'n Save supermarket ahead of the final
decision from a separate court hearing on the zoning of the
Frankton Flats, the owner of Pak'n Save, Foodstuffs, said.
The Pak'n Save consent, the result of an Environment Court
hearing in May, is being appealed by Queenstown Central Ltd -
which owns land near the potential supermarket site - while
consent for a Mitre 10 Mega hardware store at the flats is
being appealed by both Queenstown Central Ltd and the
Queenstown Lakes District Council.
Yesterday, during day three of the High Court hearing in the
Queenstown District Court of the appeals,
Foodstuffs' response to the appeal was put forward.
''The Environment Court was fully aware of the circumstances
in relation to the status of PC19 [plan change 19] and the
respective arguments as to whether the Pak'n Save decision
should be made pending the outcome of the `higher-order
issues','' counsel for Foodstuffs, Nic Soper, said in his
''The Environment Court then evaluated the factors both for
and against deferring its decision and concluded that those
in favour of proceeding were of greater weight than those in
favour of delay,'' he said.
Foodstuffs was granted consent to build and operate a Pak'n
Save at the Frankton Flats under both the operative district
plan and the proposed plan change 19.
The long-awaited decision on the plan change was released on
But those in possession of the decision were either unwilling
to comment to the Otago Daily Times or still digesting
its 300 pages.
Earlier in the day, counsel for Mitre 10 Mega Graeme Todd
presented the hardware store's response to appeals.
Mr Todd also argued the Environment Court was justified in
granting consent for both stores ahead of the plan change 19
The Queenstown Lakes District Council's appeal on Wednesday
alleged there were seven errors of law in granting consent
for the hardware store, including not deferring consent until
after the plan change decision was made.
The hearing is scheduled to conclude today.