Topher Richwhite and Bridget Thackwray, through their company Faraway Entertainment Ltd, applied to the Queenstown Lakes District Council in 2023 to establish and operate what they said was New Zealand’s first sustainable glowworm experience, "Eco-Cave", planned on a 119ha site off Gorge Rd, part of which forms the Queenstown Adventure Park.
A council report recommended consent be refused, something independent commissioners Wendy Baker (chairwoman) and Jane Sinclair ultimately agreed with.
In its decision, the report said the primary issue was Faraway’s desire for a freehold subdivision on the land, preferred over a leasehold subdivision, because the envisaged lease term is more than 35 years.
They had offered a condition that if the glowworm activity was to cease in future, the subdivided lot containing the glowworm cave would be amalgamated back with the parent lot.
But the commissioners said in their decision they had "serious concerns" with the proposed methodology for the subdivision as proffered and sought their own legal advice, "which confirmed our uneasiness".
"After extensive consideration, we have reached the conclusion that we have unresolved concerns with the practicality of the conditions as proposed.
"In particular, we are of the view that the applicant has provided insufficient detail and evidence to demonstrate a further re-amalgamation is likely to be successful."
Possible issues were if one party did not want to amalgamate and refused to co-operate, or if parties failed to reach an agreement on sale price/future ownership, or who was to apply for the amalgamation and "other terms".
"It would then fall to the council to enforce a sale of land and a process in which a third party, being Linz and the registrar-general, are involved.
"This is potentially time-consuming and costly and not a realistic or appropriate role for the council."
Mr Richwhite said they were meeting their team next week "to discuss potential next steps", noting the subdivision aspect was "certainly something we’ll need to revisit".
"Given the significant time and resources already invested, we’re not in a position to walk away from the application," he said.
He noted, overall, the proposal received "encouraging feedback" from the council.
"We believe the issues identified, such as the lease timeframes, are specific, and we believe resolvable in future discussions with the QLDC."
While "very surprised" by the commissioners’ decision, he and Ms Thackwray "remain committed to progressing the Eco-Cave on the intended site".
"We look forward to working with QLDC to find a suitable outcome."
