25 Feb 2009

Court rejects bid to stop Pak 'N Save's North Shore move

6:18 pm on 25 February 2009

A legal bid by Progressive Enterprises to stop Foodstuffs opening a Pak 'N Save supermarket on the North Shore in Auckland has been dismissed.

Progressive Enterprises appealed against a decision by the Environment Court last year to allow Pak 'N Save to open in Wairau Road, after a long-running legal battle between the company and Foodstuffs.

Justice Venning issued the decision on Wednesday morning after a hearing in the High Court at Auckland two weeks ago.

Foodstuffs has been trying to open the Pak 'N Save store for 18 years.

Progressive Enterprises argued that the site was not in accordance with the district plan and would create traffic problems at peak hours.

A building was constructed in 2005, but has never been opened because of a succession of court rulings.

Foodstuffs managing director Tony Carter says he hopes no further obstacles will be put in the way of opening the North Shore outlet.

Mr Carter says he is confident the store will open in about May, despite other legal avenues open to Progressive Enterprises.

But Progressive Enterprises managing director Peter Smith says no decision has been made about whether the company will challenge the ruling.

Mr Smith says the ruling will force it to re-evaluate how it invests in New Zealand.

He is disappointed by the ruling, which he says will undermine confidence in district plans.