The council has confirmed it has given the court an undertaking it will not enforce the Activities in Public Places Bylaw 2023 until after the hearing on September 23.
It comes after Queenstown waterfront food vendor Danna Burton and the Queenstown Lakes District Food Vendors Society applied to the court last month for a judicial review of the bylaw.
Ms Burton, who operates a crepe stall, said the review provided certainty to stallholders, ensuring they could ‘‘continue to operate without fear of enforcement action’’ until the court had considered the matter.
‘‘This protects livelihoods and preserves the status quo until the court has had the opportunity to fully consider the legality of the bylaw.’’
The legal challenge followed a decision by councillors in April to impose a 12-month moratorium on new permits for stallholders anywhere in the town centre.
It meant permit holders on the waterfront, mainly food sellers, had to stop operating when their permits expired.
A council spokesman said, in an emailed statement, it opposed the interim injunction, but could not comment further while the court process continued.
However, because the hearing would take place in less than three weeks, there would not be ‘‘undue delay in enforcement’’.
Meanwhile, an online petition started by a member of the society had gathered more than 1500 signatures since its launch in May.
A spokesperson for the petition ‘‘Save Queenstown’s Lakefront Food Stalls’’ said the bylaw ‘‘threatens small businesses and takes away a much-loved part of our community’’.
‘‘These stalls offer affordable, diverse food that attracts both locals and tourists.
‘‘They support local jobs, boost the economy, and add to Queenstown’s unique charm.
‘‘We’re calling for the council to rethink this decision and start a conversation with stallholders and the community.
‘‘Together, we can find a solution that keeps the lakefront vibrant while addressing any concerns.’’
guy.williams@alliedmedia.co.nz
