Help Save the Sanctuary Mahi Whenua gardens and food forest -- support our legal fund!

We are reaching out at a critical time for the Sanctuary Mahi Whenua gardens and food forest.

For 27 years the Sanctuary Mahi Whenua gardens have thrived, serving as a hub for community, education, and biodiversity. The Crown purchased the land containing the gardens from Unitec in March 2018 and contractually agreed as part of the Sale and Purchase Agreement to preserve the Sanctuary Gardens (clause 25.4).

Our society placed a caveat on the property title and this caveat is now at the centre of a significant legal dispute. The Crown has challenged the caveat and is seeking to remove this crucial protection. The High Court recognised an arguable case for its retention and upheld the caveat in May 2025. Now the Crown has escalated the matter to the Court of Appeal, aiming to strike out the caveat and questioning the validity of clause 25.4.

If the caveat is removed this unique land will almost certainly be lost to the public—forever. The Sanctuary Mahi Whenua Gardens and food forest will be built over, depriving current and future generations of a treasured community asset and open space.

This issue goes far beyond the gardens themselves. We believe it has major ramifications for property rights in New Zealand. The Crown is apparently creating a precedent by ignoring provisions of a Sale and Purchase Agreement.

How you can help:

• Donate to our legal fund

• Share this page with your networks

Thank you for standing with us to preserve the Sanctuary Mahi Whenua Gardens!