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 as at 12 April 2018

2016 proceedings

Of the 67 PAUP plan appeals lodged in the Environment Court in September 2016, 53 have now been disposed of, the majority through settlement or withdrawal following mediation.

 All eight PAUP designation appeals have settled or have been withdrawn.

 The following topics have been heard and have decisions pending:

  • PAUP - 080/081 - Rezoning and Precincts - 55 Takanini School Road 1 appeal;
  • PAUP - 011/057/064 - RPS Rural – Subdivision 7 appeals;
  • PAUP - 016/080/081 - RUB, Zoning and Precincts - North - Okura Precinct 2 appeals; and
  • PAUP - 080/081 - Rezoning and Precincts - Crater Hill 1 appeal.

One appeal is “on hold” pending the resolution of related High Court proceedings.

A continued mediation is underway for one appeal.

One has been appealed to the High Court.

2017 proceedings

Following the initial tranche of appeals filed in September 2016:

  •  six appeals have been lodged following High Court decisions opening appeal rights to the Environment Court; and
  • three applications for declarations regarding the partly operative Unitary Plan have been lodged.

One of the appeals has been withdrawn, one has settled, two are at mediation, and progress reports are pending on two.

 Of the declaration proceedings:

  • one has been heard and is under appeal; and
  • two have been heard and have reserved decisions.

Case Management Directions

Case Management Minute 12 September 2017 [PDF, 1.3 MB]

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.

[2017] NZEnvC 121 Auckland Council [PDF, 178 KB]

[2017] NZEnvC 099 Auckland Council [PDF, 126 KB]

[2017] NZEnvC 095 Auckland Council [PDF, 163 KB]

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.