Stop the Stadium appeal located

Stop the Stadium's missing "notice of appeal" against the Dunedin City Council's rezoning of land for the stadium has been found - at the Environment Court in Christchurch.

The group's president, Bev Butler, said yesterday it was "most embarrassing" for the court because the problem had been "human error" at the court.

Ms Butler told the Otago Daily Times Courier Post had tracked the package containing the appeal from the NZ Post office in the Exchange to the point in Christchurch where it was put in a mailbag bound for the court.

Mrs Butler said she had begun preparing the appeal notice again, and completing a "waiver" form because the appeal was late, when she was told by a court official that the notice had been found at the court.

In a minute to the appeal parties yesterday, Environment Court Judge Jon Jackson noted "there has been some confusion over the filing date of this appeal".

"It appears the confusion was engendered by the rather casual way in which the notice of appeal was lodged by the appellant."

He directed the appeal be set down for a pre-hearing conference in Dunedin next Thursday.

A "memorandum as to lodgement of the appeal", provided by court case manager Chris Jordan, noted the missing notice of appeal had initially been regarded as a copy of another appeal lodged by the group.

"I confirm there was no separate covering letter or filing fee in cash or otherwise."

Mrs Butler said the $55 filing fee was sent, in cash, with the appeal notice.

mark.price@odt.co.nz

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