Xray Trust Limited v Queenstown Lakes District Council

[2025] NZHC 4

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2024-425-005

[2025] NZHC 4

UNDER

the Judicial Review Procedure Act 2016

IN THE MATTER

of an application for judicial review of a decision of the Queenstown Lakes District Council under the Resource Management Act 1991

BETWEEN

XRAY TRUST LIMITED

Applicant

AND

QUEENSTOWN LAKES DISTRICT COUNCIL

First Respondent

MILLBROOK COUNTRY CLUB LIMITED

Second Respondent

Hearing:

10 September 2024

Appearances:

B S Carruthers KC for Applicant

A H Balme and M A S McDouall for First Respondent
J L W Wass and M R G van Alphen Fyfe for Second Respondent

Judgment:

13 January 2025

JUDGMENT OF OSBORNE J

(Result)

[1]Upon the hearing of the application, the Court’s judgment was reserved.

[2]                 I have now had the opportunity to fully consider the case but am not at the point of delivering reasons. Having regard to the date of the scheduled 2025 New Zealand Open I now issue the Result Judgment, with reasons to follow.

XRAY TRUST LIMITED v QUEENSTOWN LAKES DISTRICT COUNCIL [2025] NZHC 4 [13 January 2025]

[3]The application is dismissed.

[4]                 The applicant is to pay the second defendant’s costs on a 2B basis together with the second defendant’s reasonable disbursements, to be fixed by the Registrar, including counsel’s costs of travel and accommodation. There is no order as to the first respondent’s costs and disbursements.

Osborne J

Solicitors:

Mactodd Lawyers, Queenstown Morrison Kent, Wellington

Copy to counsel:

B S Carruthers KC, Barrister, Auckland J L W Wass, Barrister, Wellington

Copy to:
Queenstown Lakes District Council, Queenstown