Court stops council from opposing own commissioners

An Environment Court ruling earlier this month has prevented the Queenstown Lakes District Council from taking the unusual step of calling evidence in opposition to its own resource consent commissioners in an appeal against an approved amusement park opposite Wanaka Airport.

While the decision is being greeted with delight by park developer Ross Young - who this week described the council's actions as an "abuse of process" - neighbouring landowner Ulrich Staufenberg is continuing an appeal on behalf of his family trust.

QLDC strategy committee chairman Leigh Overton said this week the council's planning officers would still be available to give evidence if needed.

Mr Staufenberg said yesterday he had not decided whether to call evidence from the council officers, but he did intend to call evidence to support his case that the amusement park should be rejected because of adverse visual effects, noise pollution and traffic hazards.

The hearing is unlikely to take place before the middle of next year.

The strategy committee's decision not to support commissioners David Collins of Christchurch and Sally Middleton, of Wanaka, was made in a public-excluded meeting in July. The council filed for leave to call evidence in the case in August, prompting the Young Family Trust to seek a ruling preventing the evidence.

Judge Jon Jackson ruled in the trust's favour on December 3, stating: "Public confidence in the process would be better maintained if the council does not call evidence but instead supports its decision (reached by independent commissioners) or abides by the decision of the court."

No new evidence had been produced that the council could rely on to justify its change of position, he said.

Judge Jackson also had "grave doubts" whether the strategy committee's approach was permissible under the Resource Management Act.

Mr Young said this week the council's "complete abuse of process" had needlessly forced the trust to take extra legal steps to protect its position.

"There was no new information here. Rather, the council's planners, and it seems the council's strategy committee, did not like the decision and decided not to support it.

The costly, time-consuming process could discourage business development during a recession and force entrepreneurs to go away.

"At the end of the day, jobs don't come into fruition. That's six full-time jobs on hold because of the delay," Mr Young said.

Lakes Environmental's then planner Michelle Grinlinton-Hancock and then landscape architect Andrew Norwood had recommended the commissioners refuse the project because it did not comply with the rural general zone, encouraged urban sprawl and could be more appropriately placed in other zones. However, the commissioners decided the overall adverse effects would be no more than minor and proposed a set of stringent and detailed conditions.

Cr Overton said he could not reveal the reasons for the committee's decision because the discussion was held with the public excluded. The matter was still under appeal and he did not want to prejudice the outcome.

Cr Overton said the council aimed to be neutral in appeals.

The strategy committee had to decide whether and to what extent it would take part.

Amusement park plan

What: Amusement park including 10-pin bowling, go-karts and bumper boats, granted consent in May by commissioners David Collins and Sally Middleton.
Where: Corner Mt Barker Rd and State Highway 6, opposite Wanaka Airport and Have A Shot.
Resource consent applicant: Ross and Judy Young Family Trust.
Appellants: Staufenberg Family Trust, Jeffery and Margaret Veint.
Respondent: Queenstown Lakes District Council.

marjorie.cook@odt.co.nz