Freezing firm wants food-selling rights

Press, 12 May 1980, Page 17

Freezing firm wants food-selling rights

PA Nelson An application by Waitaki N.Z. Refrigerating, Ltd, seemed to have "frighteningly wide implications,” said Judge Treadwell at a Planning Tribunal hearing in Nelson. The company sought a planning Tribunal declaration that it has existinguse rights to sell a wide range of non-meat products at its freezing works retail meat shop. The tribunal reserved its decision. The application was opposed by the Waimea County Council (Mr H. W. Riddoch). Mr R. M. Crotty, of Wellington, appeared for the freezing company. . Judge Treadwell, the tribunal’s chairman, said the case was important because it could well have wider implications for many other firms selling non-traditional lines. “Petrol stations, for example, sell everything but thekitchen sink. I suspect : some are selling kitchen sinks as well,” the Judge said. The situation had developed in recent years because local bodies or retailers had not taken issue with the changed selling patterns.

“What you are asking for has very wide ramifications,” Judge Treadwell told Mr Crotty. “If we give you what you ask for, it would permit every roadside stall selling its own grown produce to start buying in other produce for sale because it had existing use rights.” Mr Crotty said the retail shop was lawfullv established before the County Council’s district scheme became operative. The freezing works had been on the site since about 1908. Meat had been sold' to the public since about 1945 and a retail shop had been open since 1960. . From the appointment of the present manager of the retail business (Mr C. Page) in 1962, the shop had provided wholesale and contractual arrangements for establishments such as hospitals and institutions as well as sales to the public. Products sold included those traditionally complementary to meat — pickles, sauces, plastic bags, tinfoil, overbags, eggs, prepared dog foods, canned mushrooms and tongues, cooking oils, fish, and pastry. In March, 1978, the com-, pany applied to the County

Council for a specified departure for substantial alterations to the meat retail shop. This was granted and the only items now sold in the shop not previously sold were ice-cream, frozen vegetables, butter, cheese, and yoghurt. Mr Riddoch said that in September, 1979. the council resolved that the company’s shop was in breach of regulations and that the sale of unauthorised produce — butter, yoghurt, salami, cheese, ice-cream, frozen pies, and shellfish — introduced since the new shop opened in 1978 should cease forthwith. The council submitted that in its opinion the sale of those goods was outside the scope of the specified departure approval of existing-use rights. Other items such as sauces, pickles, eggs, pet food, processed frozen fish, poultry, and pastrv which the company had apparently been selling since 1960 were in a somewhat doubtful category. The council had suggested the company rectify the position by either another specified-departure . application or by ceasing to sell the goods.