Council lodges appeal

Queenstown's council has appealed an Environment Court decision, which ordered it to issue a certificate of compliance to a subdivision developer.

Last month, Mountain Scene revealed the court, in a precedent-setting decision, found in favour of Grant, Lynda and Phil Hensman, represented by Todd & Walker Law’s Graeme Todd and Ben Gresson, who applied for an enforcement order after the council refused to sign off a three-lot subdivision at Perkins Rd/Angelo Dr, despite the developers believing they’d complied with the subdivision consent conditions.

The court found the Hensmans completed the required works, including "in all reasonable aspects", of what could be described as a catch-all engineering condition that was seemingly relied on by council in refusing to issue the certificate, instead asking them to do more work.

However, media man Sam White confirms the council’s appealed the decision to the High Court.

That’s on the basis of errors of law.

They include, according to the council, the Environment Court’s jurisdiction to grant the order, the scope and application of conditions relating to compliance with council’s ‘land and subdivision code of practice’, the onus of proof in an enforcement order proceeding, and the need to consider safety issues in exercising the court’s discretion to issue enforcement orders.

"QLDC considers that the appeal deals with important issues regarding safety and the quality of subdivision works and intends to pursue its right of appeal," White says.

"As the matter is before the courts, QLDC is unable to provide comment over and above the summary stated above."