Help Save the Sanctuary Mahi Whenua gardens and food forest -- support our legal fund!
The Crown seeks to remove protection of the Sanctuary Mahi Whenua despite the legal commitment made in March 2018
Auckland
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!
About us
An organic community garden and food forest based by the Unitec grounds, Mt Albert, Auckland. We see the Sanctuary Mahi Whenua as a resource that is used by others, whether as a place to enjoy nature or as an educational tool.
Use of funds
Legal fees and associated costs
Other page links
Latest update
Amended Statement of Claim made against the Crown 25 July 2026
The legal action taken by the Sanctuary Mahi Whenua community to retain the caveat on the land title was unsuccessful, and it has lapsed. We are now required to vacate the site by Friday, 31 July 2026.
Although the High Court judgment, that we were entitled to a caveat on the land, was overturned by the Court of Appeal, there are still legal avenues open to us.
We amended our statement of claim to seek damages from the Crown. This process will give us ‘discovery’ of the documents concerned with the land sale and what was agreed between Unitec and the Crown at the time – information we have never been able to get hold of before.
We believe this information will provide strong grounds for legal action to require the Crown to pay damages so the Sanctuary Mahi Whenua garden can live on elsewhere. Furthermore, if we win damages then that will help cover our considerable legal expenses to date. Naturally this means more fundraising, so please spread the word and donate to support the cause and keep this valuable community asset alive
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