The protracted Pak'n Save supermarket battle takes a step forward today when the High Court at Auckland hears an appeal against its opening.
Progressive Enterprises, owner of Countdown, Foodtown and Woolworths supermarkets, is contesting the Environment Court decision which last year granted consent for the Wairau Rd supermarket.
The case is arguably New Zealand's most acrimonious and long-running property fight, having started 20 years ago when Pak'n Save owner Foodstuffs bought the land.
Progressive's opponents have also accused the chain of using the Resource Management Act for its anticompetitive advantage and, as a New Zealand co-operative, Foodstuffs has often played the nationalism card by highlighting Progressive's Australian ownership.
Foodstuffs has already prepared for victory, painting the building a distinctive bright yellow and putting up signs. These moves are not banned by today's proceedings.
The store was built in 2005 but has stayed shut because courts have ruled North Shore City Council was wrong to allow it to be built.
So in 2007 Foodstuffs went back to the drawing board and took the unusual step of applying for consent once again.
In January last year, the council and Auckland Regional Council granted Foodstuffs' notified resource consent application for the store. Progressive immediately appealed to the Environment Court which ruled in October that the giant store was legal and could open.
Progressive's appeal today contends that the Environment Court decision backing the council was twice wrong - first by granting consent allowing the store to be built four years ago and second by subsequently backing that up.
Today's hearing is expected to run for two days and evidence will be presented from Progressive, Foodstuffs and the council.
