The latest round of legal proceedings regarding one of the
most fought-over parcels of land in the country began
yesterday with submissions on whether the Environment Court
has jurisdiction to direct higher order outcomes for plan
change 19: Frankton Flats.
The Environment Court released its interim decision on plan
change 19 in February and highlighted where it was concerned
jurisdiction might be an issue.
The court asked interested parties to file jurisdictional
issues in June and those issues were expected to be heard
while the court sits in Queenstown this week.
The section of Frankton Flats subject to the plan change was
separated into large strips of ''activity areas'' identified
with the letters ''A'' to ''E'', with ''A'' along
Frankton-Ladies Mile State Highway 6 and the others back to
back consecutively heading in-land.
The areas promote and enable different activities to occur
Foodstuffs South Island Ltd counsel Jennifer Crawford
submitted it was questionable whether the court has
jurisdiction to enable yard-based retail in ''activity area
D'', which covered 30% of the site.
Land either side of the proposed eastern access road is zoned
''activity area E2'' and is mainly owned by Queenstown
Airport Corporation and Shotover Park Ltd, with the northwest
remainder owned by Queenstown Central Ltd.
It was asked if the court has jurisdiction to enable
residential activities above ground level within activity
area E2 outside the outer control boundary and, if it does
not, does the court have jurisdiction over residential
activities in the same activity area to the east or west of
the eastern access road.
Other points of law the Environment Court was given to
consider were whether the court has jurisdiction to reduce
the width of activity area E2 east of the eastern access
road, and whether the court has jurisdiction to apply a
retail cap to the same area.
Foodstuffs is the named appellant in the proceedings, along
with Queenstown Airport, Trojan Holdings Ltd, Manapouri Beech
Investments Ltd, Queenstown Central Ltd, St Asaph Investments
Ltd, Air New Zealand Ltd, Shotover Park Ltd/Remarkables Park
Ltd and the Queenstown Lakes Community Housing Trust, with
respondent Queenstown Lakes District Council and interested
parties Jacks Point Ltd, New Zealand Transport Agency and
Progressive Enterprises Ltd.
The council is expected to complete its submissions today,
followed by Queenstown Central.
The court will then listen to jurisdictional arguments about
activity area D, then activity area A and then the
jurisdictional issues relevant to the Manapouri (Shotover
Garden Centre) site.