A dispute between the country's two main supermarket chains over a site on Auckland's North Shore has flared up again and will now be fought in the High Court.
Progressive Enterprises is to appeal against an Environment Court decision allowing a Pak'n'Save supermarket to operate on the disputed land on Wairau Road.
A series of legal challenges has seen the Pak'n'Save building sit vacant for more than three years.
Foodstuffs has been fighting to open the Pak'n'Save for 17 years and had hoped the Environment Court ruling would be final.
Foodstuffs Auckland managing director Tony Carter said Progressive is trying to stifle legitimate competition, and there is public support for the supermarket.
But Progressive says it's a 'big box' development and not right for the site.
General manager of property Adrian Walker says if the North Shore City Council is not going to uphold its district plan, it falls to Progressive to try.
He said the company welcomes competition provided it is on a level playing field.