21 Apr 2021
WĀNAKA STAKEHOLDERS GROUP INCORPORATED v QUEENSTOWN LAKES DISTRICT COUNCIL [2021] NZHC 852
- Citation
- [2021] NZHC 852
- Court
- High Court
The 100-year lease, while not transferring freehold title, transferred effective and substantial control over the strategic asset Wanaka Airport to QAC; such a transfer of control triggers s97 LGA and required explicit provision in QLDC's long-term plan and appropriate consultation under the LGA. QLDC's consultation (Statement of Proposal) did not fairly disclose the true scope and duration of the control being granted and did not therefore comply with the LGA. Consequently the decision to grant the lease was unlawful and the lease is set aside. The lease did not transfer legal ownership of t…