Northlake Investments Limited v Queenstown Lakes District Council

[2014] NZHC 2507

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

CIV-2014-425-000112 [2014] NZHC 2507

BETWEEN

NORTHLAKE INVESTMENTS

LIMITED Plaintiff

AND

QUEENSTOWN LAKES DISTRICT COUNCIL

First Defendant

AND

WILLOWRIDGE DEVELOPMENTS LIMITED

Second Defendant

Hearing:	20 October 2014 (By way of telephone conference)
Appearances:	F B Barton and M A Baker-Galloway for Plaintiff A M Adams and NMH Whittington for First Defendant
Judgment:	20 October 2014

JUDGMENT OF DUNNINGHAM J

[1]      As proposed in the minute I issued on 17 October 2014, (where I made an interlocutory order restraining the Queenstown Lakes District Council (QLDC) from taking any further steps to progress the Special Consultative Procedure in relation to a proposal to build a community pool complex at Wanaka), today I heard legal argument from both sides.  That legal argument was supported by written affidavits filed by Ms Kathryn Hughes for the plaintiff and Ms Ruth Maree Stokes, the General Manager Operations at QLDC.

[2]      At the end of the telephone conference I made the following orders:

(a)       the    application    for    an    interim    order    under    s    8    of    the

Judicature Amendment   Act   1972   to   prevent    the   QLDC   from

NORTHLAKE INVESTMENTS LTD v QUEENSTOWN LAKES DISTRICT COUNCIL [2014] NZHC 2507 [20 October 2014]

embarking on a Special Consultative Procedure under s 83 of the Local Government Act 2002 regarding a proposal to build a community pool complex at Wanaka, is declined; and

(b)      costs are reserved.

[3]      Reasons for my decision will be issued in a judgment which will follow shortly, along with a timetable for exchange of memoranda on costs.

Solicitors:

Anderson Lloyd, Dunedin

Meredith Connell, Auckland