Council application results in Coro Mainstreet liquidation
Coromandel Main Street Incorporated (Coro Mainstreet) has been placed into liquidation following its failure to pay
costs over court proceedings involving the redevelopment of the Coromandel Four Square Store.
Both a High Court and a judicial review rejected Coro Mainstreet's case against our Council over a decision not to
notify Foodstuffs resource consent for a Four Square shop in the commercial zone of Coromandel Town.
The court ordered Coromandel Mainstreet to pay costs of $28,000 to our Council and the National Trading Company of NZ
(Foodstuffs NZ).
"This has still not been paid and the deadline for payment has long passed," says David Hammond, Thames-Coromandel Chief
Executive. "We've now appointed a liquidator to recover the costs which is pursuing the Incorporated Society and not any
individual," says Mr Hammond.
These proceedings will be heard at the High Court in Hamilton later this year. Meanwhile Foodstuffs is committed to
continuing with the redesign of the Four Square at Coromandel Town. A start date for works to commence is yet to be
determined.
Timeline of Events
2012
• The National Trading Company applies for resource consent to demolish a motel building in Coromandel Town and
construct a new Four Square grocery store. TCDC grants the resource consent, which is not publically notified. 2013
• Coromandel Main Street pursues a judicial review. The issue is whether the TCDC officer who made the decision
not to notify the resource consent application had sufficiently adequate and reliable information before them on which
to make the decision not to notify lawfully. In particular, Coro Mainstreet contends that the report of an independent
heritage assessor did not provide the decision maker with adequate and reliable information concerning the effects of
the proposed Four Square on the environment.
• March. The judicial review concludes the decision not to notify the resource consent was not an error of law,
all relevant considerations were taken into account and sufficient information was provided for. Judge Wylie also
concluded the decision not to notify the consent was not unreasonable and Coro Main Street should pay costs of $21000 to
the Thames-Coromandel District Council. Costs were also awarded to the National Trading Company. (Foodstuffs).
• April. Coro Main Street launch proceedings in the Court of Appeal through an application for stay in respect of
costs. This latest round of litigation comes at a cost of around $30,000 and is paid for by the Ministry for the
Environment's legal assistance fund.
• October. Court of Appeal Hearing. Reserved decision.
• December. Decision released.
2014
• February. The deadline for Coromandel Main Street to pay costs to TCDC and Foodstuffs
• May/June. Our Council appoints a liquidator to recover costs from Coro Main Street Incorporated