Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Appeal granted against Discount Brands

September 21, 2004

Supreme Court Leave to Appeal granted against Discount Brands

Westfield New Zealand and Mainstreet Northcote have decided to proceed with Supreme Court action to overturn the Court of Appeal decision in the Discount Brands saga.

The action proceeds with the knowledge that Discount Brands has filed a new application for resource consent for its proposed discount retail centre on Auckland's North Shore.

Westfield and Northcote Mainstreet have previously successfully taken proceedings in the High Court in an endeavour to overturn the resource consent granted by North Shore City Council. That decision was overturned on appeal.

Today Westfield and Northcote Mainstreet have obtained leave to appeal from the Supreme Court.

Northcote Mainstreet spokesperson Dean Wilson says the appellants welcome the decision by Discount Brands to file a new application for resource consent.

"Hopefully this means we can now be provided with the opportunity to debate the impact of this development in an open forum, something that was not afforded the local community under the application now before the Supreme Court.

"We look forward to this second application following the due process of notification so that the impacts - which we do not consider to be minor - can be properly debated.

"The original decision was and is akin to a homeowner not being able to comment on the usage of a neighbour's property being changed to that of a workshop."

The second issue for Westfield and Northcote Mainstreet is that the use of the property for retailing purposes is contrary to the North Shore Council's centre based policy, Mr Wilson says.

"North Shore Council spent two years in consultation with the residents of the North Shore on the Centres based policy and this was approved by all North Shore residents. In Westfield and Northcote Mainstreet's opinion, retail activities on this site breach this policy.

"We would welcome these activities on an appropriately-zoned site that enhances the centres-based activities and orderly urban growth," Mr Wilson says.

Westfield NZ Director John Widdup says: "This is not a matter of trade competition, but a matter of all retailers being able to trade on a level playing field and to a consistent set of rules.

"Between Northcote Mainstreet and Westfield we represent 290 businesses, some 2,500 jobs and have invested more than $120 Million in the North Shore retail sector. It is important to us that Discount Brands complies with the same legal processes that our operations have had to meet.

"Westfield is in the business of growing a strong and successful retail community. This sector of the economy is vital to us and we are determined to see that agreed town planning rules are consistently applied to all operators.

"With this in mind it concerns us that a set of circumstances might arise on the North Shore whereby a group of retailers will potentially face closure if Discount Brands is later forced to close.

"We believe the consent is not legal, we believe it is contrary to the rules put in place for orderly town planning, hence our decision to proceed with leave to appeal the council's original decision.

"Proper planning is a city's superannuation. It ensures our grandchildren inherit sustainable growth and orderly planning with less traffic congestion, shorter journeys to work, more efficient use of public transport, less greenhouse gas emissions and a more efficient roll out of infrastructure.

"The long term economic cost of unplanned urban sprawl is heavy. Auckland is playing catch up and we don't need to complicate matters further," said Mr Widdup.

Now that leave to appeal is granted, it will be the first case involving the Resource Management Act to be considered by New Zealand's newest and highest court.

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

I Sing The Highway Electric: Charge Net NZ To Connect New Zealand

BMW is turning Middle Earth electric after today announcing a substantial contribution to the charging network Charge Net NZ. This landmark partnership will enable Kiwis to drive their electric vehicles (EVs) right across New Zealand through the installation of a fast charging highway stretching from Kaitaia to Invercargill. More>>

ALSO:

Watch This Space: Mahia Rocket Lab Launch Site Officially Opened

Economic Development Minster Steven Joyce today opened New Zealand’s first orbital launch site, Rocket Lab Launch Complex 1, on the Mahia Peninsula on the North Island’s east coast. More>>

Earlier:

Marketing Rocks!
Ig Nobel Award Winners Assess The Personality Of Rocks

A Massey University marketing lecturer has received the 2016 Ig Nobel Prize for economics for a research project that asked university students to describe the “brand personalities” of three rocks. More>>

ALSO:

Nurofen Promotion: Reckitt Benckiser To Plead Guilty To Misleading Ads

Reckitt Benckiser (New Zealand) intends to plead guilty to charges of misleading consumers over the way it promoted a range of Nurofen products, the Commerce Commission says. More>>

ALSO:

Half A Billion Accounts, Including Xtra: Yahoo Confirms Huge Data Breach

The account information may have included names, email addresses, telephone numbers, dates of birth, hashed passwords (the vast majority with bcrypt) and, in some cases, encrypted or unencrypted security questions and answers. More>>

ALSO:

Rural Branches: Westpac To Close 19 Branches, ANZ Looks At 7

Westpac confirms it will close nineteen branches across the country; ANZ closes its Ngaruawahia branch and is consulting on plans to close six more branches; The bank workers union says many of its members are nervous about their futures and asking ... More>>

Interest Rates: RBNZ's Wheeler Keeps OCR At 2%

Reserve Bank governor Graeme Wheeler kept the official cash rate at 2 percent and said more easing will be needed to get inflation back within the target band. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news