Appeal deadline looms in 20-year supermarket fight

Supermarket giant Progressive Enterprises has until the end of today to appeal against a court decision allowing the new Wairau Rd Pak'n Save to open.

Foodstuffs' general manager of property, Angela Bull, said yesterday she had heard nothing: "It's a bit of a waiting game."

Progressive's communications and public affairs business manager, Bill More, did not have an answer on whether his firm would move on the case.

Today is Progressive's final opportunity to make an application to the High Court for leave to go to the Court of Appeal to oppose the store.

If that deadline passes without any legal moves, a 20-year struggle might well be over.

In 1989, Foodstuffs bought the site. It applied to build the store in 1997 and finished it four years ago although various courts have declared it illegal because of the way North Shore City Council handled its application and approval.

Foodstuffs now plans to open in May and Ms Bull said finishing work on the property and surrounding road network was moving ahead swiftly.

A new median barrier and traffic lights have been installed to prevent snarl-ups.Inside the supermarket, refrigeration units are being put in place. A few weeks ago, the store was painted the distinctive Pak'n Save yellow and signs are to go up within weeks.

About 250 staff are being employed and 13 checkouts are ready to go but Ms Bull said landscaping and repairs to carpark tarseal still had to be completed.

The former owner/operator of Whakatane's Pak'n Save, Quintin Proctor, would run new store, she said.

At the end of last month, the High Court backed an Environment Court decision to allow the store to open and dismissed Progressive's pleas to keep it shut. Progressive had 15 working days to lodge papers to fight that decision.

The Government has cited the case as one of the reasons to overhaul the Resource Management Act, particularly referring to anti-competitive abuse of the law.

But Progressive has firmly maintained the case is more about ensuring councils follow district plans.