An Environment Court decision on the awarding of costs, issued this week, carries a sound message for all developers, Queenstown Lakes District Council chief executive Duncan Field said.

"This appeal by Remarkables Park Limited and its subsequent late withdrawal was considered by the council to be close to an abuse of the court process. In this case the judge has concurred and awarded hefty costs against RPL," Mr Field said.

The decision by Judge Jon Jackson also criticised the company for what the judge described as efforts on RPL's part that appeared to be 'misguided and arrogant'.

"In this case it is very rewarding to see the court has recognised that the actions of the appellant have created unnecessary costs that would have been unfairly borne by the public purse," Mr Field said.

The crux of the matter was an original condition on the Remarkables Park resource consent to close off Douglas Street. The developer sought a variation to this condition, which the council declined.

"We took that decision on the basis that failure to close off Douglas Street to through traffic was adding to the traffic chaos at the intersection with Lucas Place. We were justifiably not willing to negotiate on the condition, a position the Judge has supported," Mr Field said.

RPL appealed the council's decision not to vary the condition to the Environment Court but withdrew the appeal at the eleventh hour after Transit NZ and the council had already prepared and exchanged evidence.

As the judge infers, the appeal was probably used as tactical leverage in RPL's wider negotiations with Transit over the Douglas Street roundabout, the council was, as the judge remarked 'forced to come for the ride'," Mr Field said.

The decision should be seen by other developers as a flag that the court system should not be abused and that such an abuse would be costly.

The judge directed RPL to pay costs of $22,000 to the council and $9000 to Transit.

The council would now require RPL to comply immediately with the condition and close off Douglas Street.

ENDS

For further information please contact Duncan Field 03 441 0499

By: Sarah