Costs amount to tens of thousands

Years after the partial closure of two roads in the tiny township of Kinloch, at the head of Lake Wakatipu, was first mooted and six months since the issue was heard in the Environment Court, five appellants and the Queenstown Lakes District Council have chalked up tens of thousands of dollars in costs.

While Kinloch may only have three permanent residents, plus the two owners and four or five staff at Kinloch Lodge, and another four properties used as holiday homes, it was originally surveyed in the 1870s to be a thriving town with a total of 124 sections.

The fact that many sections extend into what are now wetlands suggests the survey was what Environment Court Judge Lawrie Newhook described as a "desktop exercise".

Judge Newhook this month confirmed the council's application to partially close the two roads - Kinloch Rd and Jura St - following a request to the council from the owners of Kinloch Lodge, John and Toni Glover.

Council chief executive Duncan Field said the closed portion of Jura St was to be sold to the Glovers as the adjacent landowners, "as is usual" with road closures, and the closed portion of Kinloch Rd would be vested as reserve.

The road closure application attracted 17 submissions, mostly in opposition, which required the case to heard in the Environment Court.

Five Kinloch property owners, Ruth Rivett, Rob Singleton, Verdon Affleck, Peter Whyte and Neville Bryant, represented themselves in the court, in opposition to council's application.

Mrs Rivett and Mr Bryant, whose forebears founded the Kinloch settlement in the 1870s, said taking their case to court cost the group about $30,000.

Mrs Rivett said much of that went on legal advice before representing themselves.

The council was represented by counsel Graeme Todd.

While the council made the road closure application, Mr Glover said he and his wife had been paying the costs of about $20,000 up until the Environment Court. Mr Glover understood any extra costs he might owe the council could be deducted from the Jura St purchase price.

The question of who might pay the costs for the Environment Court case depended on "what council carries or may be sought by council", Mr Glover added.

While Judge Newhook reserved costs in his decision, he noted "there appears to be no express provision in this legislation for the application for costs to be made".

Mr Field said the cost of the process to council was being collated.