Ziptrek applies for costs

Ziptrek Ecotours is seeking more than $84,000 from Skyline Enterprises and the Queenstown Lakes District Council.

John Young, of Brookfields Lawyers, filed an application for costs to the Environment Court yesterday relating to Ziptrek's successful appeal of a 2011 council decision which approved up to 3160 helicopter landings a year and a maximum of 15 flights a day once a week at Skyline Enterprises Ltd's helipad beside the gondola building.

The Environment Court overturned that decision last month, reducing flight numbers to up to four helicopter landings a day in a five-year consent.

The application, on behalf of Ziptrek, said the company sought for the council and Skyline to pay a ‘‘reasonable contribution'' towards the legal and consultant costs incurred.

Mr Young said between January and May this year Ziptrek had incurred a total of $255,070.13 - split between legal, planning expert, risk and safety expert and noise expert costs.

Ziptrek sought a 33% contribution towards those costs, totalling $84,173.14.

The application said Ziptrek felt that was a ‘‘reasonable contribution given the outcome of the decision''.

‘‘Ziptrek brought a wholly successful appeal in that its evidence ... was preferred by the Environment Court in relation to the key issues, being safety, amenity and noise.

"The court's refinement of consent conditions was on the basis of Ziptrek's evidence and submission and Ziptrek was acting in the public interest.''

Mr Young sought any costs award be split between the council and Skyline, proposing the council pay $28,057.71 and $56,1115.43 be paid by Skyline.

The application said it was appropriate the council share the costs because it made the initial application for resource consent to operate the helipad on Bob's Peak.

‘‘It is acknowledged, however, that any cost award against the council ultimately comes from the public purse, but it is submitted that this is offset because the outcome achieved by Ziptrek was in the public interest.''

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