Email unitaryplan@aucklandcouncil.govt.nz for documents relating to resolved appeals and court decisions on the proposed Auckland Unitary Plan.
A list of resolved appeals and court decisions on the proposed Auckland Unitary Plan.
On 13 February 2017, the High Court issued a decision (NZHC 138) which found that the Auckland Unitary Plan Independent Hearings Panel’s approach to 'scope' for residential rezoning for a number of test case areas was lawful.
The decision followed a hearing in November 2016 which addressed the panel’s approach to scope.
The High Court was asked to determine seven preliminary questions, with the key question relating to the lawfulness of the panel’s approach to residential rezoning.
The rezoning would affect around 29,000 properties originally zoned as Single House and Mixed Housing Suburban, which were the subject of the Character Coalition and Auckland 2040 proceedings.
The High Court found that the panel approached the matter of 'scope' correctly in all of the residential rezoning test cases, aside from two site-specific cases involving:
| Date lodged | High Court case number | Appellant | Court of appeal decision |
|---|---|---|---|
|
Date lodged - 29 May 2018 | Topics 080 and 081 Rezoning and precincts (geographical areas) CIV-2016-404-0002324 CIV-2016-404-0002325 | North Eastern Investments and Heritage Land Limited (NEIL) | Decision: 21 December 2018 |
| Date lodged | High Court number | Appellant | High Court decision |
|---|---|---|---|
27 June 2018 | CIV-2018-404-001236 | Okura Holdings Limited | Appeal discontinued |
| Date lodged | High Court case number | Appellant | High Court decision |
|---|---|---|---|
3 July 2018 | CIV-2018-404-001294 | Auckland Council | Appeal resolved in full |
| Date lodged | Topic | Appellant | High Court decision |
|---|---|---|---|
8 May 2018 | CIV-2018-404-000923 | Joe and Fay Gock Notice of appeal and memorandum [PDF 252KB]
| Judgment CIV 2021-404-000094 [PDF 345KB] |
10 May 2018 | CIV-2018-404-000866 | John Self, Adriana Self and Roger Clark |
| Date lodged | Topic | Appellant | High Court decision |
|---|---|---|---|
1 September 2017 | Topic 010 RPS Heritage and Special Character CIV-2017-404-002037 | Housing New Zealand | Appeal resolved |
1 September 2017 | Topic 010 RPS Heritage and Special Character CIV-2017-404-002075 | Auckland Council | Appeal resolved |
| Date lodged | High Court case number | Appellant | Consent order decision |
|---|---|---|---|
9 September 2016 | Topics 009 Mana Whenua and 036 and 037 Māori land and treaty, and Mana Whenua sites: | Houkura, formerly known as the Independent Māori Statutory Board
| Appeal withdrawn |
16 September 2016 | Topics 050 to 054 City Centre and business zone | Viaduct Harbour Holdings Limited | Appeal resolved |
16 September 2016 | Topic 019 Natural heritage overlaysTopic 081 Rezoning and precincts | Kawau Island Access Organisation Incorporated | Appeal discontinued |
14 September 2016 | Topics 050 and 054 City centre and business zones | Kiwi Property Group Limited | Appeal settled |
14 September 2016 | Topic 075 Waitakere Ranges | The Waitakere Ranges Protection Society Incorporated | Appeal resolved |
16 September 2016 | Topic 081 Rezoning and precincts | Bayswater Marina Limited | Appeal settled |
16 September 2016 | Topic 016 and 017 RUB North/West and RUB South Topic 080 and 081 Rezoning and precincts (General and geographical) | Auckland Memorial Park Limited | Appeal discontinued |
16 September 2016 | Topic 019 Natural features, landscape and character Topic 024 GMO's (Genetically modified organisms) Topic 033 and 034 General coastal marine zone and other coastal zones | Federated Farmers of NZ Incorporated | Appeal resolved |
16 September 2016 | Topic 016 and 017 RUB North/West and RUB South Topics 080 and 081 Rezoning and precincts (General and geographical areas) | South Epsom Planning Group Incorporated | Appeal discontinued |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical Areas) | Valerie Close Residents Group | Appeal discontinued |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical Areas) | Weiti Development | Appeal discontinued |
16 September 2016 | Topics 059 to 063 Residential objectives and policies, activities, development controls and controls and assessment Topics 080 Rezoning and precincts (General) | The Auckland Presbyterian Hospital Trustees | Appeal settled Decision No. 2017 NZHC 2158 [PDF 1.1MB] |
16 September 2016 | Topic 080 Rezoning and precincts | Samson Corporation Limited and Sterling Nominees Limited - 57 Patterson Avenue, Mission Bay | Appeal dismissed Court notice CIV0002309 [PDF 63.5KB] Judgment CIV0002309 [PDF 345KB] |
16 September 2016 | Topic 080 Rezoning and precincts | Samson Corporation Limited and Sterling Nominees Limited - 1 and 3 Grosvenor Street | Appeal resolved |
16 September 2016 | Topics 050 to 054 City centre and business zones | Samson Corporation Limited and Sterling Nominees Limited - Property bound by Pollen Street, Ponsonby Road and McKelvie Street | Appeal resolved |
16 September 2016 | Topic 080 Rezoning and precincts | Waytemore Forests Limited | Appeal settled |
16 September 2016 | Topic 080 Rezoning and precincts | Arena Living Limited | Appeal resolved |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical Areas) | The Minister of Defence | Appeal discontinued Notice of Discontinuance CIV0002314 [PDF 296KB] Memo on Notice of Discontinuance CIV0002314 [PDF 656KB] |
16 September 2016 | Topic 080 Rezoning and precincts | Wallace Group Limited | |
16 September 2016 | Topics 016 and 017 Changes to Rural Urban Boundary | Karaka North Village Limited | Appeal withdrawn |
16 September 2016 | Topic 024 Genetically modified organisms | The University of Auckland | Appeal settled |
16 September 2016 | Topics 016 and 017 Changes to Rural Urban Boundary Topics 080 and 081 Rezoning and precincts (General and geographical areas) | Southern Gateway (Manukau) Limited | Appeal settled |
16 September 2016 | Topics 028 Future Urban zone Topics 080 and 081 Rezoning and precincts | JPR Enterprises | Appeal discontinued |
16 September 2016 | Topics 080 and 081 Rezoning and precincts | Howick Ratepayers and Residents Association Incorporated and W Moffatt | Appeal discontinued |
16 September 2016 | Topics 080 to 081 Rezoning and precincts (General and geographical areas) | Hollander | Appeal dismissed |
16 September 2016 | Topics 080 to 081 Rezoning and precincts (General and geographical areas) | Auckland University of Technology | Appeal settled |
16 September 2016 | Topics 080 and 081 Rezoning and precincts (Geographical Areas) | North Eastern Investments and Heritage Land Limited (NEIL) | Appeal dismissed |
16 September 2016 | Topic 059 to 063 Residential zones Topics 080 and 081 Rezoning and precincts (Geographical Areas) CIV-2016-404-002326 [PDF 2.3MB] Second amended notice of appeal - 10 October 2016 | Character Coalition Incorporated and Auckland 2040 Incorporated | Appeal discontinued |
16 September 2016 | The Retirement Villages Association | Appeal discontinued | |
16 September 2016 | Topic 012 Infrastructure, energy and transport CIV-2016-404-002330 [PDF 652KB] Particulars refined - 9 November 2016 | Transpower New Zealand Limited | Appeal settled Final Judgement CIV0002330 [PDF 77KB] |
16 September 2016 | Man O'War Farms Limited | Appeal resolved in full High Court Minute CIV21064042331 [PDF 2,945KB] Partial withdrawal High Court Minute CIV002331 [PDF 86KB] Decision No 2017 NHC 202 [PDF 174KB] Partial withdrawal Memorandum CIV002331 [PDF 297KB] Appeal resolved in part Decision No. NZHC 138 [PDF 904KB] Decision No. 2017 NZHC 1349 [PDF 1.73MB] Coastal Hazards - Letter for service[PDF 77KB] | |
16 September 2016 | Topics 016 and 017 Changes to Rural Urban Boundary Topics 080 and 081 Rezoning and precincts (General and geographical areas) CIV-2016-404-002333 [PDF 1.7MB Application to amend notice - 12 October 2016 | Franco Belgiorno-Nettis | Appeal not determined in full Decision No. NZHC 2387 [PDF 5MB] Note: leave has been sought to appeal the High Court's decision to the Court of Appeal. Appeal resolved |
16 September 2016 | Topic 028 Future Urban Zone | Albany North Landowners' Group | Appeal discontinued |
16 September 2016 | Topics 080 and 081 Rezoning and precincts (General and geographical areas) | Ancona Properties Limited | Appeal settled |
16 September 2016 | Topic 011 Regional Policy Statement Rural Topic 056 Rural Topic 038 Contaminated land | Horticulture New Zealand Incorporated | Appeal discontinued |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical Areas) | Reidy, Kloeten and Ruatotara Limited | Appeal settled |
16 September 2016 | Topics 080 and 081 Rezoning and precincts | Villages of New Zealand (Pakuranga) Limited | Appeal discontinued |
16 September 2016 | Topic 010 Biodiversity Topic 023 SEAs and Vegetation Management | Royal Forest and Bird Protection Society New Zealand Incorporated | Appeal resolved Decision No. NZHC 980 [PDF 459KB] High Court Minute CIV2343 [PDF 864KB] Decision No. NZHC 1606 [PDF 217KB] |
16 September 2016 | Topics 080 and 081 Rezoning and precincts | Summerset Group Holdings Limited | Appeal withdrawn Memorandum of Counsel for Appellant withdrawing appeal CIV2344 [PDF 175KB] |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical areas) | Waste Management NZ Limited | Appeal settled |
16 September 2016 | Topic 081 Rezoning and precincts (Geographical areas) | Woolmore and Morris | Appeal settled |
