Decision on Dunedin stadium due

The Dunedin City Council will know tomorrow whether it can proceed with the city's new stadium project.

The council says timing is now critical for the stadium project which was stalled by review action in the High Court in Christchurch today.

The Stop the Stadium group's application for review went to the court, three days after the council agreed to sign the $165.4 million construction contract - if the court allows it, Christchurch Court News website reported.

The urgency put the pressure on the court for an early decision on the court action with Justice Lester Chisholm telling the parties he would give his decision at 10am tomorrow.

Earlier the council's solicitor Frazer Barton told the hearing "the objective is to have the stadium complete for the Rugby World Cup in 2011,".

Extensive investigations for years had led to the proposal to build the replacement stadium for Carisbrook at Awatea Street.

"The issue is about change," he told Justice Chisholm.

The issue was whether there had been a significant change between the council's operative plan and the draft plan. "Obviously, our position is that it is the same - substantially the same."

He said it seemed there was no challenge to the physical structure being any different, but the challenge was to the funding for the project.

The Stop the Stadium group contends the proposal has changed and further consultation is now required under the Local Government Act.

Mr Barton's submissions referred to an increase in the cost of the project from $188 million to $198 million.

"The real question is whether the project now being built is substantially the same as that consulted upon in the first place and whether the financial burden is substantially the same as was consulted upon and approved," he said.

"It needs to be borne in mind that the price increase of $10 million is only 5.3 per cent of the total project cost and in my submission in the ordinary course of events such an increase is not of significance."

After the day of legal argument, Justice Chisholm said: "I have no option but to deliver a decision tomorrow morning. I am not particularly happy about that, but I have to be realistic."

- NZPA