Appeal for council to change

Alastair Porter
Alastair Porter
A 10-year court wrangle with the Queenstown Lakes District Council had probably cost more than $750,000, Remarkables Park Ltd (RPL) director Alastair Porter said yesterday, calling for a change of culture on the part of the council.

He was responding to a decision by Environment Court Judge Jon Jackson, who has ordered the council to pay $53,000 in costs to the company after a proceeding which began in 1998 and was finally resolved in November last year.

Mr Porter told the Otago Daily Times the award did not meet the total costs incurred by RPL or the council.

He said he "wouldn't be surprised" if the total cost to Queenstown for the "saga" exceeded $750,000.

"This matter was drawn out over 10 years and our company's own costs in total, including amounts for which we could not claim, would have been around $500,000."

Additional "substantial" costs would have been incurred by other developers who were initially involved, he said.

"We also expect that the overall cost to the council would have been very high, given the original drafting of these extensive financial contributions by consultants and then involvement with their lawyers and planners in multiple fixtures."

"Few developers, as evidenced by this case, can afford to pursue public-good issues when they are up against a council that's using the ratepayers' money to fund its litigation.

"The best outcome for the Queenstown community as a result of this decision would be an acceptance by council that there needs to be a significant change of direction in their approach to enabling growth in the QLDC.

"Contentious planning and constant litigation wastes time and hugely drives up the cost of development, if not deters investment, which also drives up land prices.

"In short, we need a Queenstown culture change that is all about encouraging quality growth and economic development by co-operation."

The initial challenge to the Environment Court related to "challenging the fairness" of the council's proposed financial contributions regime for the district plan.

The two parties finally reached an agreement last year, a contentious chapter in the QLDC district plan was removed and the plan was made fully operative.

RPL then applied for $160,627.56 in costs in December, which it said constituted two-thirds of its claimable consultant and legal fees.

The amount sought was "larger than normal" because the council "changed its mind on key issues over the years and failed to take heed of Environment Court decisions along the way", Mr Porter said.

However, Judge Jackson ordered the council to pay 33% of what was sought and, under the Resource Management Act 1991, named the Queenstown District Court as the court in which the order could be filed for enforcement purposes "if necessary".

"Whilst I consider the council's actions to be blameworthy in part, I am also aware of the effect of a large costs award against a council.

"In the end, it is the ratepayers who suffer the consequences."

Queenstown Lakes Mayor Clive Geddes is not commenting until the decision has been reviewed.

 

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