Millbrook Resort is beside land owned by Roger Donaldson, who sought a change to zoning for his large rural-style block.
Millbrook Resort is beside land owned by Roger Donaldson, who sought a change to zoning for his large rural-style block.
Film director, screenwriter and producer Roger Donaldson has won an appeal over zoning of his 21ha in the Queenstown area, beating his Millbrook Resort neighbours and potentially allowing him to subdivide his rural block into smaller lots.
Last month, Christchurch-based Judge John Hassan in the Environment Court backed Donaldson, whoseland is beside the upmarket golfing resort near Arrowtown.
His zoning can be changed from rural amenity to lifestyle precinct.
That allows for his block to be carved up into smaller lots, even though Millbrook residents opposed it, citing rural outlooks from their more intensively developed site as an amenity they did not wish to lose.
Donaldson, appointed an Officer of the New Zealand Order to Merit for services to film in 2018, has directed about 17 feature films, including The World’s Fastest Indian, Sleeping Dogs and Smash Palace, working here, inHollywood and the UK.
The Donaldson farm (lower centre) is accessed through Millbrook Resort via Dalesman Lane. Photo / Google Maps
Graeme Todd, a principal of Queenstown solicitors Todd & Walker, represented Donaldson in his appeal against the Queenstown Lakes District Council’s review of its district plan, which has resulted in many appeals and court hearings in the past few years.
Donaldson’s appeal was originally lodged in 2019 and the decision was only issued last month so he has been waiting some years for an outcome.
The district plan allows for development to occur in the Wakatipu Basin between Queenstown and Arrowtown and where projects might be most suitable, given the area’s popularity but also its unique and outstanding landscape.
The court decision said Donaldson’s 21.6 ha parcel of rural land was on an elevated plateau of the Wharehuanui Hills, along the southern flanks of Millbrook Resort.
The land is bare, “presently used for hay production and intermittent grazing. It has an undulating form which we find is amenable to sensitive development,” the decision said.
The eighth green at Millbrook's Coronet course during the 102nd New Zealand Open. Photo / Photosport
It has three components:
Gently undulating paddocks west of the Arrow Irrigation race that meanders north to south through the site and around a wetland in the southwest corner;
Central paddocks between the race and some steeper topography and a narrow wetland;
An eastern paddock east of the narrow wetland and west of Dalesman Lane.
Some neighbours did not support a change from the rural amenity zoning to a lifestyle precinct.
“Those include X-Ray Trust, who own a rural lifestyle property that shares the southwest boundary of the Donaldson land. Some Millbrook Resort residents, who have views over the land, presented a joint case,” the decision said.
Donaldson gave evidence in a case over the zoning last year via an audio-visual link from Canada while Millbrook resident David Shepherd gave evidence for neighbouring owners.
The court said the Millbrook residents could not expect the Donaldson land not to be developed.
Roger Donaldson won the case after Millbrook Resort residents tried to stop him getting his large block of land rezoned. Photo / NZ Herald
“It is not realistic to bank on the site remaining unchanged as a semi-rural vista. It is valuable land that Mr Donaldson is entitled to reasonably use and enjoy,” an earlier ruling last year said.
Nor could the Millbrook owners oppose his rezoning because they feared nuisance or noise from building work.
“Regarding construction traffic and noise issues, the issues raised by residents as to these matters were more about development of the site than the most appropriate zoning choice per se. However, we understand their concerns to be that up-zoning would give rise to a relatively worse outcome than development of a more minor scale as can be anticipated under the status quo option,” the decision said.
Looking out over the iconic landscape of the Wakatipu Basin. Photo / Dean Purcell
Members of the Millbrook Residents Group who opposed Donaldson’s rezoning were cited in a decision last September: trustees of the HNT Trust (Hamish Edwards, Tineke Edwards, Andrew Finch), David and Anthea Shepherd, Geoffrey Breen and Frances Nicholas, Ian Rutherford and Jennifer Anne McPherson, Jan Andersson on behalf of the Jan Andersson Family Trust, Paul and Rachel Donovan, trustees of the Kezza Family Trust (Maurice John Prendergast, Kerry Donna Prendergast, Henry Jansen) and trustees of the Thomas Lifestyle Trusts (Brendon Thomas, Katrina Mary Thomas and Turrall Trustee Services).
Other parties who joined the appeal but took no active part were Millbrook Country Club, which operates the resort, Skipp Williamson and Friends of Lake Hayes Society Inc, the September decision said.
Under the lifestyle precinct zoning, Donaldson may be able to subdivide his land into 15 lots.
His plans remain unknown.
His lawyer, Graeme Todd yesterday said: “Roger has said that other than saying they are happy with the result, he doesn’t want to comment further because his position is reflected in the decisions.”
Anne Gibson has been the Herald’s property editor for 24 years, has won many awards, written books and covered property extensively here and overseas.
