The Queenstown Lakes District Council regulatory committee yesterday (Thursday) voted to publicly release the findings of a regulatory investigation into the Waiorau Snow Farm area.

"This is the culmination of a major investigation, triggered by a formal public complaint in March last year," QLDC chief executive Duncan Field said.

The Waiorau Snow Farm, situated in the Cardrona Valley, is owned by John and Mary Lee. The scope of the investigation included all earth works, building platforms and buildings in the vicinity of the Ski Area Sub Zone of the snow farm.

"It's probably fair to say, the snow farm has been the subject of some speculation over the years. This investigation has taken a holistic approach to the operation and its level of compliance. Additionally, in order to satisfy both the Council and its community we have taken the extra precaution of having this investigation reviewed by and independent QC,"Mr Field said.

The investigation, which commenced in 2004, established the following issues of non-compliance:

Of the 24 buildings located on the snow farm, seven did not have the required resource consent, 13 did not have the required building consents and 5 did not have a certificate of compliance.

"In all instances, the Lees agreed to apply for retrospective consents, which have now been lodged with CivicCorp, and they are continuing to work through the certificates of compliance," Mr Field said.

Should retrospective resource consent fail to be granted the buildings must be removed within six weeks of the notice to decline.

A large part of the investigation was devoted to earthworks on the snow farm.

No clear evidence was found that a breach had occurred under the District Plan.

With regard to a Department of Conservation covenant in place over sections of the farm, the report found that the consideration of any breach of that covenant was a civil matter between the owner and the Crown.

"It is clear that earthworks in the area are extensive but the investigation and the consequent legal opinion concurred that it would be difficult to prove that the earthworks, at the time they were carried out, were constructed contrary to the provisions of the Resource Management Act," Mr Field said.

The same earthworks, if carried out today, would require resource consent, he said.

Other matters considered by the investigation included the commercial activity of a ski area, which was found to be consistent with the Ski Area Sub-Zone status and the commercial activity of vehicle testing, which received a retrospective consent in 2003.

"We had received the full cooperation of the Lee family in this lengthy matter and I am glad to say that the Lees have agreed to pay all Council costs associated with this investigation, which is likely to be in the order of $40-50,000," Mr Field said.

ENDS

For further information please contact Duncan Field 03 441 0499.

By: Tamah