Environment Court Orders Port Nelson to Pay Costs of $30,000 to Latitude 41 Developer
Port Nelson Limited has been ordered to pay costs of $30,000 to the developer of Nelson’s luxury waterfront apartment
complex, Latitude 41 on Wakefield Quay.
Environment Judge S E Kenderdine made the order in the Environment Court on August 18. The application for costs was
initiated by Globe Holdings after the Port withdrew its application to the Court against the developer a week before the
matter was to be heard.
The Port took an enforcement action against the developer a year after construction had begun and after the developer
had gained all the necessary resource and building consents from Nelson City Council required to begin construction of
the development.
Andrew Fawcet, Director of Globe Holdings, said, “While we are pleased the matter is now resolved and that we have
received some compensation for the costs we incurred, the Port’s action at such a late stage could have potentially
created very serious problems for our contractors, their subcontractors, and the 43 people who had bought the
apartments.
“The Port company applied to the Court only after Latitude 41 had been substantially built and at least a year after
they became aware that the apartment complex was to be constructed. It then aggressively pursued the matter and
attempted to litigate its position in the news media, only to subsequently withdraw its application on 7 April, a week
before the hearing was set down.”
The award comprised $22,000 for legal costs and $8,000 for the expenses incurred for witnesses, making an award overall
of $30,000. The developer had to engage an architect and a barrister to represent its interests in a hearing that, as it
turned out, did not eventuate.
“The best that can be said of this saga is that it is now behind us. The Port obviously had second thoughts about the
course upon which it had embarked and, very belatedly withdrew. Clearly we would have preferred them to have considered
their position a little earlier on and spared everyone so much trouble.
“Thankfully, Latitude 41 is now a reality and has introduced a new era in waterfront apartment living to Nelson,” Mr
Fawcet said.