Brownlee to be taken to court over Christchurch zoning

Posted 30 May 2012 by Media3News Popular
Posted in CERA/Govt , Media
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Gerry Brownlee (Victoria Evans)

Gerry Brownlee (Victoria Evans)

A Christchurch-based fishing company is taking Government minister Gerry Brownlee to court, hoping to overturn a decision he made on zoning land for housing following last year's earthquake.

The privately owned Independent Fisheries is seeking a judicial review of the Canterbury earthquake recovery minister's decision to adopt a zoning plan that means it cannot develop for housing land it owns near Christchurch Airport.

The company claims the minister is guilty of "procedural impropriety" and not complying with the Canterbury Earthquake Recovery Act.

It also says he has erred in law, acted for improper purposes, ignored relevant considerations and acted disproportionately and unreasonably.

It says the minister's decision will deliver more than 47,000 properties over 35 years when only 6213 households were displaced by the earthquakes.

In a decision released today, Justice Forrest Miller said the case should be heard as soon as possible, and has set the hearing down for two days, starting on June 25.

He also ruled on who can also be heard on the issue.

Progressive Enterprises, Richard Peebles, Castle Rock Estate and Clearwater Land Holdings also want to be part of the hearing, as they also have land in the affected area.

However, Prestons Road, a joint venture between Ngai Tahu, Foodstuffs and CDL Land, wants to be involved in the case, as land it has bought elsewhere for residential development could be affected if Independent Fisheries is successful.

Another party, Highfield Park, is in the same situation.

A spokesman for Mr Brownlee said the minister would not comment on anything before the courts and referred further inquiries to the Canterbury Earthquake Recovery Authority.



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