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A decade-long battle between grocery giants Progressive Enterprises and Foodstuffs is continuing over a supermarket built more than two years ago.
Progressive has lodged an appeal with the Environment Court seeking to overturn a resource consent for the Wairau Rd Pak'n Save.
The supermarket sits on a piece of land bought by Foodstuffs in the late 1980s but has not been opened since it was built in 2005.
Foodstuffs also owns New World and Four Square.
Australian competitor Progressive, which owns Foodtown, Woolworths and Countdown, says the supermarket is contrary to the North Shore City Council's centre-based district plan policy and that the store would cause traffic congestion and air pollution.
The issue has been to the Environment and High Courts and even debated in town hall meetings.
Progressive general manager of property Adrian Walker said the decision to grant the consent conflicted with the council's local plans and strategies.
"The site has never been zoned for retail use, and it's clear that the surrounding roads will be unable to cope with the increased traffic load.
"We believe that planning decisions must be made consistently and fairly. That way there is one rule for all."
The company welcomed competition in the grocery sector but believed new supermarkets should be opened in areas that comply with local zoning, Mr Walker said.
Foodstuffs says it is not surprised about the competitor's decision to appeal.
"[They] have fought us every step of the way, and we didn't expect them to back off now," general manager of property development Murray Jordan said.
"I think the only traffic they're seriously concerned about is the traffic that won't be going to their stores, given they own six of the seven closest supermarkets to the proposed Pak'n Save.
"They're coming up with every objection they can think of."
