Explore Raise funds Login Help

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

$17,584 of $50,000 goal

Given by 156 generous donors in around 5 months

Share Donate

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

Latest update

8 years ago today! 25 March 2026

Thank you for your support to protect the Sanctuary Mahi Whenua gardens for future generations.

Exactly 8 years ago, 25 March 2018, then Prime Minister Jacinta Ardern announced that the Crown had purchased 29.6 ha of land from Unitec for housing purposes. Clause 25.4 of this Sale and Purchase Agreement preserved the 0.7 ha area containing the community gardens (Sanctuary Mahi Whenua) that were part of the land purchased.

Despite this 2018 commitment to preserve the Sanctuary Mahi Whenua area, the Crown has allowed planning for housing over the 0.7 ha. A caveat was placed on the land title by our Society in 2024 to protect the area. This has resulted in legal action being taken by the Crown to remove the caveat, and it has now reached the Supreme Court stage.

OUR PETITION AND FUNDRAISING WOULDN’T BE REQUIRED IF THE CROWN UPHELD CLAUSE 25.4!

Share this update

Read 5 more updates

On average, fundraisers pay just 2% to use Givealittle. This is one of the lowest effective fees in New Zealand fundraising. We charge a 5% platform fee to cover the cost of running the platform. Because most donors choose to top up their donation to cover this fee, the effective cost paid by fundraisers is about 2%. That means around 98 cents of every dollar raised goes to the cause. Learn More