Staff Reporters
19 August 2024, 5:06 PM
Queenstown Lakes District Council (QLDC) has confirmed it intends to accept and abide by the recent decision of the Environment Court regarding the rezoning of part of Wānaka’s 50-hectare Sticky Forest.
In a 131-page decision made public in late July, precedent-setting development potential was approved for 19 hectares of the forest, which is adjacent to an Outstanding Natural Landscape (ONL).
The appellants in the case were granted extensive development rights which would include residential and large-lot zoning for more than 100 houses, with potential for houses to be built across the ridge.
QLDC chief executive Mike Theelen said the council had engaged with the court process to zone the land appropriately and “council’s objective throughout the process was to ensure that the zoning took into account complicated considerations regarding the block”.
“These included the need to recognise and provide for the relationship between Māori, their culture and traditions and their ancestral lands and sites, as well as protecting the values of the Dublin Bay outstanding natural landscape that’s located both within and to the north of Sticky Forest.”
The area is held by the Crown for around 2,000 descendants of 57 original Maori grantees who were given the land under the South Island Landless Natives Act in the 1960s as substitute land for settlement redress after they lost ownership of the Hāwea-Wānaka block known as ‘The Neck’.
QLDC had previously turned down a proposal to rezone part of Sticky Forest after one of the grantee’s descendants, the late Mike Beresford, sought permission to have about 20 hectares of the forest rezoned to allow for residential development.
QLDC’s decision was appealed to the Environment Court - and Mike says QLDC now stands by the decision of the Environment Court.
“The Environment Court conducted an extensive process and received evidence from a range of experts on these matters. It has balanced these considerations and issued its decision on how the land should be zoned,” Mike said.
Deputy mayor Quentin Smith has also released a statement on the decision.
“Firstly and most importantly no one is questioning the legitimacy of the treaty settlement and appropriate compensation for the beneficiaries,” Quentin said.
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“Unfortunately in my opinion this was never an appropriate piece of land for settlement but we are forced to accept the ruling of the court,” he said. “Any hope of the Crown considering any other more appropriate compensation (land or financial) is long gone.”
“The outcome however is one that is difficult for the community in Wānaka who have long valued the informal access to Sticky Forest.”
A network of mountain biking and walking tracks have been formed throughout the area which are used regularly by members of the public and maintained by local groups.
“From a Resource Management perspective the decision is intriguing and appears to establish some interesting case law that we will continue to come to terms with,” Quentin said.
“Hopefully there is still some opportunity to work with the landowners to achieve some good outcomes for the community for recreation and to ensure the remaining landscape values are protected.”
Established houses below Sticky Forest, from Peninsula Bay.
Read more: Sticky Forest gets green light for residential development
Mike said the Environment Court decision includes a number of directions on steps required to finalise the district plan framework that applies to Sticky Forest.
“Council is working with the parties to progress those steps,” he said.
PHOTOS: Wānaka App