Wendy's driveway fight going to Supreme Court

The changes in question altered exit and entry points and the amount of traffic coming across Wendy's premises at the corner of Auckland's Great South Road and Ronwood Ave. Photo / NZ Herald

A fight between Wendy's and the Auckland Council over the resource consent for driveway changes at one of the fast-food chain's restaurants is heading to the Supreme Court.

The changes in question altered exit and entry points and the amount of traffic coming across Wendy's premises at the corner of Auckland's Great South Road and Ronwood Ave.

One of the exits at the site, onto Great South Road, was changed so drivers could only make a left turn onto that stretch of highway.

Auckland Council in 2013 gave the site owner, Wiri Licensing Trust, resource consent for these changes and to construct a 3-unit retail building, a drive-through restaurant and to set up some extra car parks.

The site now houses one of Wendy's rivals, Carl's Jr, as well as a Subway restaurant, a TAB and a liquor shop. A Mobil service station previously occupied much of this land.

Wendy's was not given a copy of the trust's application for resource consent and claimed the changes had adversely affected its business.

The fast food chain's owner, Wendco (NZ) went to the High Court in 2014, arguing the council's decision to not notify it of the application was unlawful.

It wanted the consent quashed but this was refused by Justice Mary Peters. Wendy's then challenged that decision in the Court of Appeal and was successful last December.

Justices John Wild, John Fogarty and Jillian Mallon said Wendy's application succeeded "on proof of an error of law".

The council, in light of the decision, had to reconsider whether or not Wendy's owner was affected by the changes at the site.

If the council deems Wendy's has suffered more than just minor adverse effects, then the
local government body must reconsider its decision to grant resource consent.

However, Auckland Council this month has been granted leave to take the issue to the Supreme Court.

The approved question is: "Whether the Court of Appeal was correct to conclude that the Auckland Council was required to give Wendco (NZ) Ltd notification of the resource consent application made by the Wiri Licensing Trust."