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Judicial review of Wanaka Airport decision begins

The Wānaka App

Sue Wards

21 September 2020, 6:06 PM

Judicial review of Wanaka Airport decision beginsThe WSG is arguing that both the QDLC and QAC have acted unlawfully in various agreements around Wanaka Airport.

A judicial review against Queenstown Lakes District Council (QLDC) and Queenstown Airport Corporation (QAC) began in Queenstown yesterday (Monday September 21).


The review was launched by the Wanaka Stakeholders Group (WSG), which represents more than 3,000 Upper Clutha residents. They signalled the action in August 2019, saying various agreements between QLDC and QAC in relation to Wanaka Airport are unlawful - including the 100-year lease to QAC.



The WSG opened with its submissions yesterday. 


Julian Miles QC said the issue was the biggest this community has faced in a very long time, and the QLDC's and QAC's plans "impact on every element that makes Wanaka what it is... and are of enormous importance".


WSG chair Michael Ross said the group’s legal team had spent “hundreds of hours” during the last year preparing for the case, and the group was pleased to have the opportunity to put its concerns before a High Court judge.


The WSG, as Protect Wanaka, raised $13,000 via a Givealittle page to pay for the legal action. A second Givealittle page has raised $1,230 of a $20,000 goal.


WSG chair Michael Ross 


Queenstown media outlet Crux reported that QAC has spent more than $300,000 so far defending the WSG legal action. WSG spokesperson Mark Sinclair told Crux that not only do residents have to fund the WSG application, “but in effect ratepayers will cover the cost of defending it”.


Queenstown Lakes District councillors approved a long-term lease of the Wanaka Airport to the QAC at a council meeting on April 20, 2017. One year later the lease became effective, with QAC paying the QLDC $14.5 million for the ground lease and related assets. 


The WSG claims that handing over control of the existing Wanaka Airport to QAC by a 100-year lease following QLDC’s consultation in 2016/2017 acted in breach of numerous sections of the Local Government Act. It claimed that, as a result, any contracts entered into with QAC to transfer control of the airport “were unlawful, were illegal contracts and of no effect”. Additionally, it argues the decisions of QLDC to enter into the lease were unreasonable and failed to take into account relevant matters.


The hearing is expected to take a week and High Court Judge Justice Gerard Van Bohemen’s decision is likely to be delivered later in the year.