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Support the Sanctuary Mahi Whenua gardens and food forest

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Given by 185 generous donors in around 11 months

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The Crown removed protection of the Sanctuary Mahi Whenua despite the legal commitment made in March 2018

Auckland

We are reaching out for support of the Sanctuary Mahi Whenua gardens and food forest. We had to vacate the site by Unitec on 31 July 2026. We are now seeking a new home!

For 27 years the Sanctuary Mahi Whenua gardens 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 became the centre of a significant legal dispute. The Crown challenged the caveat: the High Court recognised an arguable case for its retention and upheld the caveat in May 2025; however, this was reversed by the Court of Appeal in favour of the Crown. The Supreme Court did not allow the Society leave to appeal.

Consequently the caveat was removed and this unique 0.7 ha space has been 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.

Thank you for standing with us as we sought to preserve the Sanctuary Mahi Whenua Gardens. We appreciated all the support we received. Now we look to the future with our propagated plants in new spaces.

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

Latest update

Legal fight ends -- we now look to the future for our propagated plants 26 August 2026

The caveat we had placed on the land title lapsed at the end of May because of the Supreme Court decision to uphold the Court of Appeal decision in favour of the Crown, and thereby reversing the High Court decision of May 2025 in favour of the Society. The caveat we had placed on the land title was based on clause 25.4 of the March 2018 sale and purchase agreement between Unitec and the Crown. At the beginning of July the Crown gave the Society a Notice to Vacate the Sanctuary Mahi Whenua by 31 July.

At a Steering Group meeting on 14 August we decided by unanimous resolution:

"The Committee discussed at length the demand that the Crown recently tabled to the Society that the Society discontinue its legal proceedings against the Crown for damages for breach of clause 25.4 of the Sale and Purchase Agreement of Unitec land by the Crown.

"The Steering Group expressed its disappointment and frustration at the Crown's ongoing and persistent unwillingness to allow discovery of the Crown's internal discussions about Sanctuary Mahi Whenua and its understanding of clause 25.4.

"In the context of the Crown instead highlighting its intention to pursue the Society and non-parties for costs if the Crown's offer (i.e. that the Society discontinue action) was not accepted by 18 August 2026, the Steering Group unanimously resolved to discontinue legal proceedings against the Crown."

Funds raised to date have covered most legal costs.

We now look to the future for our propagated plants.

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