Response to Environment Court decision

Response to Judge Jackson Environment Court decision

Remarkables Park Limited (RPL) said after more than ten years of challenging the fairness of the Queenstown Lakes District Council’s proposed financial contributions regime for the district plan, which involved many negotiations, mediations, pre-hearing conferences and four Environment Court procedural decisions, Council largely withdrew its proposed financial contributions provisions.

RPL then applied for costs of $160,627.56 against the Council in December 2009, saying it constituted two-thirds of its claimable consultant and legal fees, a sum greater than normal because the Council changed its mind on key issues over the years and failed to take heed of Environment Court decisions along the way.

An Environment Court decision recently ordered the QLDC to pay to RPL costs of $53,000.

Mr Porter said while the company was satisfied by the amount of money awarded by the court, this was by no means the total costs incurred by RPL or the Council.

“This matter was drawn out over ten years and our company’s own costs in total, including amounts for which we could not claim, would have been around half a million dollars.

“In addition, substantial costs would have been incurred by other developers who were initially involved. We also expect that the overall cost to the Council would have been very high given the original drafting of these extensive financial contributions by consultants and then involvement with their lawyers and planners in multiple fixtures.”

Mr Porter said he wouldn’t be surprised if the total money cost to Queenstown for this saga exceeded $750,000.

“Few developers, as evidenced by this case, can afford to pursue ‘public good’ issues when they are up against a Council that’s using the ratepayers’ money to fund its litigation.”

Mr Porter said the best outcome for the Queenstown community as a result of this decision would be an acceptance by Council that there needed to be a significant change of direction in Council’s approach to enabling growth in the QLDC.

“Contentious planning and constant litigation wastes time and hugely drives up the cost of development, if not deters investment which also drives up land prices. In short, we need a Queenstown culture change that is all about encouraging quality growth and economic development by co-operation.”

ENDS

© Scoop Media