In a quaint lakeside village situated on the northern edge of the powerful Alpine Fault, a quiet battle has been brewing over a housing development. The conflict surrounding the Beechnest subdivision in St Arnaud, the gateway to Nelson Lakes National Park, has deeply divided the community, leaving wounds that may never fully heal.
The dispute centered around two sites within an existing subdivision, originally designated for a single home each, but suddenly facing the prospect of accommodating 10 densely packed homes. Local residents, who were drawn to the area for its pristine alpine environment, were dismayed at the prospect of losing the very reason they chose to live there.
The developers, perplexed by the backlash, found themselves embroiled in a legal battle that spanned multiple courts, ultimately leading them back to square one. Gisela Purcell, a staunch opponent and property owner in St Arnaud, along with her partner Wayne Pool, were among those most affected by the proposed subdivision that threatened to disrupt their tranquil surroundings.
Purcell, a champion of sustainable tourism, voiced concerns about the potential destruction of the natural beauty surrounding their property, including protected wetlands, in favor of a row of towering houses. The fight, she argued, was not only about preserving the area but also about upholding the integrity of property rights and covenants.
The conflict dates back to 2017 when Beechnest, owned by the Seifried family, acquired the subdivision after it had fallen into liquidation. The family, like many others, was drawn to St Arnaud for its scenic charm and proximity to outdoor activities.
The subdivision, established in 2009 with strict covenants limiting development, became the battleground for a contentious battle over land use. The proposed subdivision of the lots sparked outrage among residents and ignited a legal battle that pitted neighbors against developers.
Ultimately, the fight over the Beechnest subdivision in St Arnaud serves as a cautionary tale about the delicate balance between development and preservation in a community that values its natural surroundings. The clash of interests and values highlights the challenges of navigating growth and change in a small lakeside village nestled amidst the rugged beauty of the Alpine Fault. Francesca McGuigan, who bravely testified in court while battling cancer, tragically passed away before the case was resolved.
“Fran’s passing only fueled our determination to fight,” Marshall reflects.
For Unterberger, the fight against Beechnest felt deeply personal, given her family’s history in the Nelson region and shared experiences with the Seifried family.
The battle over the restrictive covenants on the newly created sites turned into a lengthy and costly legal process, with multiple court appearances and appeals.
Despite facing setbacks like the aftermath of the KaikĆura earthquake and the challenges of the Covid-19 lockdowns, Unterberger remained resilient and determined to see the fight through.
The loss of Fran to cancer was a heavy blow during this already difficult time.
After years of legal battles, Beechnest’s appeal to the Court of Appeal was denied, leaving the respondents with hefty legal fees but some compensation in cost awards.
Seifried acknowledges the high cost of the project and legal fees, reflecting on the outcome and questioning why things didn’t go their way.
We Fought for What Was Right
Despite not having the freedom to do as we pleased with our land, Unterberger believes that standing up for what was right was worth it, even if it meant challenging friends.
Reflecting on the experience, she sees it as a valuable learning opportunity.
Purcell acknowledges that the resources spent on the legal battle could have been better utilized to improve the wetland and create a beautiful public space. However, he notes that the ordeal brought the community closer together.
“Through community meetings and navigating the legal system, we gained a deeper understanding of the flaws within it. Ultimately, we are grateful for the outcome,” Purcell explains.
An Unexpected Lesson
Pool, who had little prior involvement with the court system, was taken aback by the extent of the legal proceedings.
“It was surprising to see such a minor dispute escalate to a week-long court case. The courts are overwhelmed, and this situation shouldn’t have dragged on for so long,” Pool remarks.
Seifried expresses frustration over the misconception that his family’s intentions were driven by wealth and disruption.
“Contrary to popular belief, money is not unlimited for us. We are all dedicated to making our business succeed,” Seifried clarifies.
While the land now sits untouched, Seifried contemplates the possibility of a tourist development, such as glamping, on the property they still own.
However, the idea is met with skepticism as the area is designated for residential use.
“Modifying the covenant would be necessary for any commercial ventures,” Purcell advises.
By Tracy Neal
Open Justice Multimedia Journalist
