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Supermarket operator Foodstuffs hopes to open a Pak'n Save on Auckland's North Shore by May after the High Court today rejected an appeal by rival operator Progressive Enterprises.

Foodstuffs managing director Tony Carter said the company was delighted the High Court dismissed Progressive's appeal against a 2008 Environment Court decision, which had given the go-ahead to the supermarket on Wairau Rd.

"We want to open this store as soon as possible and are now working very hard towards a May opening date," Mr Carter said. The supermarket would provide 250 jobs, he said.

Foodstuffs said it had wanted to open a supermarket on the Wairau Rd site for 18 years and had received resource consent in 2004.

Progressive Enterprises said it was disappointed with the court's decision, which would allow a "big box" retail store to open in Wairau Road even though the area was not zoned for that type of development.

Progressive managing director Peter Smith said the decision would undermine confidence in councils' district plans.

The ruling threw into question Progressive's investment plans, he said.

Progressive owns Countdown, Foodtown and Woolworths supermarkets.

Foodstuffs is a cooperative which operates Pak'n Save, New World, and Four Square supermarkets.

- NZPA