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Court Hearing Adjourned For Pak'n'Save Wairau

29th May 2006

Appeal Court Hearing Adjourned For Pak'nsave Wairau

Foodstuffs (Auckland) Limited has successfully sought an adjournment of the hearing of its appeal against a High Court decision overturning the resource consent for its PAK'nSAVE supermarket on Wairau Road on Auckland's North Shore.

The case was to be heard in the Court of Appeal on 6th June, but Foodstuffs General Manager - Property Development, Murray Jordan says the situation has changed significantly as the North Shore City Council, which was also appealing the decision, has entered into a protocol with Transit.

The first resource consent was overturned as a result of a challenge by Foodstuffs' major competitor, Progressive Enterprises, and Northcote Mainstreet. The High Court judge ruled that North Shore City Council should not have made the resource consent for the PAK'nSAVE non-notified without allowing Transit adequate time to consider the impact of the supermarket in respect to the nearby motorway.

Foodstuffs' subsidiary company National Trading Company subsequently submitted a second application for resource consent.

“Transit has confirmed in writing that, having looked at the traffic implications of both applications, its interests are not adversely affected. Given that we’ve now got this confirmation, it is far more efficient to have the Court of Appeal hearing adjourned and proceed with the second resource consent application,” says Mr Jordan.

“As a result of our competitor's objections to PAK'nSAVE Wairau, an enormous amount of extra time and money has been spent as we've worked to try and bring our policy of New Zealand's lowest food prices to the lower North Shore. If we can get a resource consent to open the store without having to go to the Court of Appeal, that's a better result for everyone,” he says.

PAK'nSAVE Wairau was due to open in August 2005, but work had to stop on the site in June 2005 as a result of the High Court decision overturning the resource consent.

“Even though work stopped on the site a year ago, we are still getting calls every day from people wanting to know when the store is going to open. We've had a tremendous amount of public support and sympathy in the face of such concerted opposition from our Australian-owned competitors. We look forward to being able to welcome all of our supporters at PAK'nSAVE Wairau, should this second application prove successful,” says Mr Jordan.

Foodstuffs is awaiting a date for the hearing of the second resource consent application.


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