Waiheke Vineyard loses chance to be heard by Court of Appeal

A popular Waiheke Island winery and events company has been losing in litigation over some of its business operations for a few years and that streak continued in the last round.

Cable bay
was denied the opportunity to argue his case in the Court of Appeals because that court last week denied his request for a review of an unfavorable Environmental Tribunal decision regarding resource consents and its operation.

The company cannot challenge the previous ruling on its operations and it is another blow after it appealed to the High Court but was unsuccessful.

Appeals Court Judge Mark Cooper said in Tuesday’s decision that the vineyard‘s application for leave to appeal had been denied: “Cable Bay unsuccessfully appealed the court’s decision. environment to the High Court and now seeks leave to appeal to that court. The application for leave to appeal is dismissed.”

The Environmental Tribunal imposed conditions on the vineyard’s operations in the rural area, specifically specifying the location of outdoor dining areas adjacent to the restaurant, specifying a designated area for weddings as well as an area for short-term observation where people could take pictures or catch the view.

Last October, the Herald reported how the vineyard lost the final round in a protracted legal dispute involving claims by drunken wine lovers, a non-consensual hospitality operation and excessive noise.

The company argued that the environmental tribunal had exceeded its jurisdiction by imposing the conditions aimed at controlling activities for which it had already obtained consent in 2006.

But it was ruled by the High Court that the Environmental Court had proceeded correctly on the basis that the 2006 consent did not authorize the use of a lawn for strolling and enjoying the view, recalled the Judge Cooper.

Cable Bay Vineyards has been battling Auckland Council and its immediate neighbors for more than nearly six years in a dispute that has seen the wine industry issue repeated reduction notices, fines, enforcement actions and lawsuits.

Neighbors have filed at least 75 noise complaints with the council over the vineyard since 2012, when owner Loukas Petrou built a restaurant extension without consent and began serving alcohol to hundreds of customers on the lawn of the site of 4.5 ha.

Judge Cooper said in this month’s ruling that the High Court condemned the vineyard over the way it operated. The licensed activity of using the lawn has not
are part of the activities authorized by the authorization of 2006.

Since 2012, Cable Bay has operated the winery and hotel estate from 12 Nick Johnstone Drive, Oneroa, on the western end of the island, in a rural/residential setting with coastal views, just 1km from the ferry terminal of Matiatia Bay.

The property is 4.5 ha and much of it is covered with vines, grapes planted in the 1990s, three buildings and parking.

Last year’s High Court ruling noted that in 2014 an additional lightweight conservatory structure was built on the property.

“This contained a pizza kitchen, bar and seating for guests. This was built and operated without any building or resource consent. In 2017, Cable Bay used three seating bays (with umbrellas) south of the veranda for alfresco dining. He also used the lawn in front of the restaurant and the veranda for informal dining, with customers generally using bean bags,” the court said.