Council can't give evidence, court rules

The Queenstown Lakes District Council has been denied permission to give evidence against a planning decision made by its own commissioners.

In making the decision, Environment Court Judge Jon Jackson said public confidence in the resource consent process was the most important issue.

Earlier this year independent commissioners working on behalf of the Queenstown Lakes District Council approved resource consent for R & J Young Family Trust to build a go-kart track, tenpin bowling alley and a cafe on the corner of Mt Barker Rd and State Highway 6, opposite Wanaka Airport.

Two private parties appealed against the decision to the Environment Court.

However, the council later decided it also did not agree with its commissioners' decision and applied to the Environment Court to also present evidence opposing the commissioner's decision.

In his decision released last week, the judge said the most important aspect of the case was public confidence in the resource consent process.

"Public confidence ... would be better maintained if the council does not call evidence but instead supports its decision [reached by independent commissioners] or abides by the decision of the court."

Trust spokesman Ross Young said it was important because the family expected to rely on the commissioners' decision. The trust regarded the council's conduct as a complete abuse of process and paid more legal fees than expected, he said.

"[The] council's planners, and it seems the council's strategy committee, did not like the decision and decided not to support it.

"It is an important decision for us and sets the ground for all future applicants for resource consent to be able to properly rely on a decision made by this council in its favour."

Costs were reserved.

john.edens@stl.co.nz

- © Fairfax NZ News

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