Auckland Harbour

You may appeal the Auckland Council's Unitary Plan decisions on the recommendations of the Independent Hearing Panel under sections 156 - 158 of the Local Government (Auckland Transitional Provisions) Act 2010 (external link) .

Auckland Unitary Plan appeal topics

List of appeals filed [PDF, 542 KB]

See appeals filed

Updates

PROGRESS WITH RESOLUTION OF PAUP APPEALS IN THE ENVIRONMENT COURT

15 March 2017

Top priority is being given to the rapid resolution of all the PAUP appeals, consistent with how this Court treats all Plan and Policy Statement appeals. 

The Registry will keep this part of the website continuously refreshed as to the conclusion of PAUP cases, whether by way of withdrawal, settlement, strike-out, or decision of the Environment Court.  The Court does not intend, however, to include a step-by-step update of all PAUP appeals because, in the absence of other forward information which would not often be easy to anticipate and assemble, such reporting would be somewhat meaningless.

Court-assisted mediation is bearing fruit with the PAUP appeals, the mediators having been hard at work for many weeks now.  Of the 67 PAUP plan appeals and 8 PAUP designation appeals in the Environment Court, more than 20 have already been disposed of, the majority through settlement or withdrawal following mediation; and the trend is continuing.

The Court anticipates that no more than a handful of cases will need hearing time, and plans are being made for that work to proceed promptly as such cases are identified.

About 40% of the PAUP plan appeals needed to be placed in the Court's Hold Track awaiting the outcome of certain challenges to "scope" that were heard recently in the High Court and were the subject of a recent decision by Justice Whata (Albany North Landowners & Ors v Auckland Council [2017] NZHC 138).  With the guidance thus received, some appellants are now withdrawing cases in the Environment Court.

Decisions

[2017] NZEnvC 022 J Lenihan & Others v Auckland Council [PDF, 314 KB]

Case Management Directions

Case management directions 4 November 2016 [PDF, 288 KB]

Auckland Council's spreadsheet of 4 November 2016 [XLSX, 24 KB]

Case management directions 21 November 2016 [PDF, 1.1 MB]

Auckland Council spreadsheet of 17 November 16 [XLS, 93 KB]

Judicial directions and decisions

Following an application by the Auckland Council, the Court has made waivers and directions applying to any appeals lodged under section 156(1) or (3) of the Local Government (Auckland Transitional Provisions) Act 2010. Both the application and the Court's decision granting the waivers and directions can be viewed below.

ENV-2016-AKL-000171 Auckland Council (PDF, 3659KB) [PDF, 3.6 MB]

[2016] NZEnvC 153 Auckland Council (PDF, 245KB) [PDF, 244 KB]

Please note the the above waivers and directions do not apply to appeals under section 157 of the Local Government (Auckland Transitional Provisions) Act 2010.