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

2016 proceedings

Of the 67 PAUP plan appeals lodged in the Environment Court in September 2016, 44 have now been disposed of, the majority through settlement or withdrawal following mediation.

All eight PAUP designation appeals have settled or have been withdrawn.

Presently, the following topics have upcoming hearings:

  • PAUP - 059/063 - Residential - integrated residential development 2 appeals (22 January 2018 hearing);
  • PAUP - 059/063 - Residential - Permitted threshold 4 appeals (22 January 2018 hearing);
  • PAUP - 080/081 - Rezoning and Precincts - 55 Takanini School Road 1 appeal (21 February 2018 hearing); and
  • PAUP - 011/057/064 - RPS Rural – Subdivision 7 appeals (19 March 2018 hearing).

Two appeals are “on hold” pending the resolution of related High Court proceedings.

Mediation or further mediation dates are pending on two appeals, and progress reports due on several others following case party discussions.

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One of the appeals has been withdrawn, two await mediation dates and progress reports are pending on three.

Of the declaration proceedings:

  • one has been declined and is under appeal (An application for declaration in respect of Designation 9324 Huia and Nihotupu Water Treatment Plants in the partly operative Unitary Plan of Auckland Council);
  • one is being heard on 11 December 2017 (An application for declarations regarding the Auckland Unitary Plan (Operative in Part) - overlay section, HiRB standards - residential special character overlay and residential single house zone); and
  • one is being heard on 14 December 2017 (Application for declaration with respect to the interpretation of the boundary relocation subdivision rule in the Auckland Unitary Plan (Operative in Part)).

 23 August 2017

PROGRESS WITH RESOLUTION OF PAUP APPEALS IN THE ENVIRONMENT COURT

Of the 67 PAUP plan appeals in the Environment Court, 38 have now been disposed of, the majority through settlement or withdrawal following mediation.

All eight PAUP designation appeals have settled or have been withdrawn.

Presently, the following topics have forthcoming hearings:

  • PAUP - 016/080/081 - RUB, Zoning and Precincts - North - Okura Precinct 2 appeals (September hearing)
  • PAUP - 043/044 - Transport - Car parking 3 appeals (October hearing)
  • PAUP - 080/081 - Rezoning and Precincts - Crater Hill 1 appeal (September hearing)
  • PAUP - 011/057/064 - RPS Rural – Subdivision 9 appeals (March 2018 hearing).

Two applications for declarations regarding the partly operative Unitary Plan have been filed.

Three appeals have been lodged following High Court decisions opening appeal rights to 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 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.