This information is provided by Queenstown Lakes District Council
Private Bag 50072, Queenstown 9348, New Zealand
QUEENSTOWN, 10 Gorge Road, Phone +64 3 441 0499, Fax +64 3 450 2223
WANAKA, 47 Ardmore Street, Phone +64 3 443 0024, Fax +64 3 450 2223
25 May 2021
OFFICE OF THE MAYOR
The Directors
Queenstown Airport Corporation Limited
Attention: Adrienne Young-Cooper, Chair
Via email: [email address]
QUEENSTOWN LAKES DISTRICT COUNCIL (QLDC) – QUEENSTOWN AIRPORT
CORPORATION LIMITED (QAC) – WANAKA AIRPORT
Background
1.
We refer to the deed of lease dated 8 March 2018 between QLDC and QAC for land at
Wanaka Airport ("
Lease") and the High Court judgement by Van Bohemen J delivered
on 21 April 2021, which declared that the Lease is set aside and of no legal effect.
2.
In response to the Lease being set aside, QLDC and QAC have agreed to, so far as
possible, preserve the status quo for the management of Wanaka Airport. This letter
sets out the terms of that agreement.
Agreement
3.
QLDC and QAC agree to act in good faith and use all commercially reasonable
endeavours to negotiate and, subject to decisions by the governing bodies of QLDC and
QAC, enter into a management services agreement ("
New Agreement") by 30
September 2021 under which QAC will continue to manage Wanaka Airport.
4.
Until the New Agreement has been agreed and entered into, QLDC and QAC agree that
QAC shal continue to manage Wanaka Airport under a temporary management
services agreement ("
Temporary Agreement"), which shal substantially incorporate
the terms of the prior management agreement between the parties dated 20 October
2016 ("
Prior Agreement") as amended by the following terms:
(a)
Term:
From 21 April 2021 to 30 September 2021 or such earlier
date when the New Agreement is entered into. The
Temporary Agreement shall automatical y terminate upon
entry by the parties into the New Agreement.
(b)
Charges:
A fee of
plus GST per annum, payable quarterly
in arrears in accordance with clause 4, with part payment
on termination if termination occurs on a day other than the
last day of the quarter.
(c)
Services:
The management services set out for Wanaka Airport to
be provided by QAC to QLDC as described in Schedule 1
of the Prior Agreement, with the addition of noise
management and compliance under "Operational
Management".
Document Set ID: 6981168
Version: 1, Version Date: 23/08/2021
Print Date: 11 September 2023, 2:07 PM
This information is provided by Queenstown Lakes District Council
(d)
Access:
QAC shall have the right to access Wanaka Airport during
the Term as reasonably required in order to provide the
Services under the Temporary Agreement.
(e)
Notices:
QLDC
Name: Richard Pope
Email: [email address]
Telephone: 03 450 8410
QAC
Name: Andrew Williamson
Email: [email address]
Telephone: 021 774 464
(f)
Other terms
Al other terms of the Prior Agreement shal apply, with any
confirmed:
necessary modifications to reflect the amendments above,
to the Temporary Agreement.
5.
Until QLDC and QAC agree otherwise, or until a sublease or occupancy arrangement is
superseded by a new arrangement, QLDC confirms that they will observe the terms of
any subleases and other occupancy agreements and arrangements, at Wanaka Airport,
entered into by QAC in reliance on the Lease.
6.
QLDC and QAC acknowledge and agree that entry into the Temporary Agreement in
accordance with this letter is without prejudice to either party's position and rights in
relation to the High Court decision declaring that the Lease is set aside and of no legal
effect.
Yours faithfully,
Jim Boult
Mike Theelen
Mayor, QLDC
CEO, QLDC
QAC confirms its agreement to the terms of this letter, including the Temporary Agreement:
Adrienne Young-Cooper
Chair, QAC
Document Set ID: 6981168
Version: 1, Version Date: 23/08/2021
Print Date: 11 September 2023, 2:07 PM