The Supreme Court has set down Synlait Milk Ltd’s appeal over reinstatement of covenants affecting its new infant formula powder factory at Pokeno for a 2-day hearing next April.
Synlait began construction of the $250 million factory after High Court judge Mark Woolford concluded that the covenants should be modified, finding the use of the covenanted land had changed beyond recognition.
However, in May, the Court of Appeal reinstated the covenants affecting part of the 297ha Winstone Aggregates Ltd got consent in 2002 to quarry & adjoining land.
84.5ha of the quarry land is now owned by NZ Industrial Park Ltd (Ye Qing), which bought it in late 2018. In a submission on the proposed new district plan, Mr Ye asked for a residential zoning on part of Industrial Park’s land, plus some adjoining it, to allow for a comprehensive development allowing about 1025 residential lots, while retaining the ability to operate a quarry.
The Appeal Court ordered that the covenants be reinstated, finding that air discharge consents would be harder for neighbours to obtain because of the dairy factory’s sensitivity to contaminants, including dust.
The Supreme Court will hear the dispute on Wednesday-Thursday 29-30 April.
29 October 2019: Synlait replaces developer as appellant as Pokeno factory v quarry dispute goes to Supreme Court
10 June 2019: Synlait goes to Supreme Court over Pokeno debacle
13 May 2019: Synlait still committed to Pokeno factory
10 May 2019: Court orders reinstatement of Pokeno quarry covenants affecting Synlait
7 March 2014: Shanghai Pengxin’s Synlait Farms takeover goes unconditional
1 September 2013: Yashili gets consent for Pokeno dairy plant
28 December 2008: Council creates new plan change for Pokeno
9 December 2007: Pokeno growth MoU signed
Attribution: Synlait release.