
Last year, X-Ray Trust applied to the High Court for a judicial review of the Queenstown council’s decision to grant Millbrook Resort consent to host the annual New Zealand Open.
The tournament is operating under a 10-year consent, which was granted non-notified in November 2021.
X-Ray Trust Ltd’s directors, Brian Cartmell and Nathan Branch, whose backgrounds are in information technology and writing/photography respectively, originally hail from the United States.
Their trust owns two adjacent Speargrass Flat Rd properties, neighbouring Millbrook’s Coronet course extension.
Justice Osborne heard the case in September and has just released his "result judgement".
"I have now had the opportunity to fully consider the case, but am not at the point of delivering reasons," the judgement said.
"Having regard to the date of the scheduled 2025 NZ Open [February 27 to March 2] ... The application is dismissed."
Justice Osborne ruled X-Ray was to pay Millbrook’s costs "on a 2B basis", and "reasonable disbursements", including Millbrook’s counsel’s costs of travel and accommodation.
There was no order as to Queenstown Lakes District Council’s costs and disbursements.
Millbrook operations manager Brian Howie said the resort was "very pleased" with the decision, and would now focus its efforts on delivering the 104th edition of the Open, which Millbrook had either hosted or co-hosted since 2017.
"We were confident the consenting process was robust, we felt like we had done all the right things. The [justice’s] decision ahead of this year’s tournament was very timely and it’s great that we can now focus on staging what we believe is a great event for the local area, for many years to come," Mr Howie said.
A Queenstown council spokesman declined to comment.