Supreme Court rules in favour of Westfield
Tuesday, 19 April, 2005
Supreme Court rules in favour of Westfield/Northcote Mainstreet Inc. against Discount Brands’ Fox Centre.
Westfield has welcomed the Supreme Court’s unanimous decision today in the Discount Brands Fox Centre case.
The Supreme Court held the resource consent allowing the operation of a discount outlet by Discount Brands Ltd in Akoranga Drive, Northcote is invalid and that the council decision was unlawful. The Supreme Court ruled that Westfield was entitled to recover its costs against Discount Brands.
“This is a victory for sensible planning and Westfield welcomes the court’s decision,” said Westfield New Zealand Director, John Widdup. “The decision provides a necessary level of certainty in the administration of the country’s planning laws by local councils.”
Local councils now have a precedent to follow in future matters and in reviewing matters which were based upon the incorrect findings of the Court of Appeal.
The decision itself does not determine the closure of Discount Brands. Westfield with Northcote Mainstreet Inc. and other stakeholders will now review what the next steps are in the light of the Supreme Court decision.
“Westfield always said that Discount Brands did not obtain a legal Resource Consent to establish its discount centre and that the North Shore City Council did not publicly notify the application – which meant the public was not allowed to have its say about the development”, said Mr Widdup.