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Support the Sanctuary Mahi Whenua gardens and food forest

  • 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.

      1 comment  |  Login to leave a comment

    • 27/08/2026 by Frida

      Sorry to hear you lost against big corp

  • 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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  • Supreme Court decision

      26 May 2026

    The Supreme Court decision of 28 April stated that clause 25.4 did not support a caveat, and all public statements after the March 2018 signing could not be used as supporting documentation. Our legal team is providing us with an option to continue seeking justice.

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  • 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!

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  • Update on legal actions

      11 February 2026

    Thank you for your generous support. Because of you, we’ve been able to take important legal steps over the past few weeks to protect the Sanctuary Mahi Whenua. Here’s where things now stand.

    On 19 December 2025, the Court of Appeal released its decision that ruled our caveat would lapse at the end of January 2026.

    Our legal team believes the Court of Appeal was wrong to conclude that the Society does not have a reasonably arguable case. The decision also prevents us from accessing discovery — something the High Court had said was essential to properly interpret clause 25.4.

    To prevent a miscarriage of justice, our lawyers have now applied to the Supreme Court for leave to bring a civil appeal.

    How your donations have helped

    Around $4,000 of the funds raised has been used to file the Supreme Court application. This includes $2,000 just in fixed Ministry of Justice fees to submit the application and seek a stay to stop the caveat from lapsing.

    What happens next

    The Supreme Court process typically takes 2–4 months.

    While this is underway, the caveat will remain in place until the end of May 2026.

    We still need your help

    Your support has carried us this far, and we are deeply grateful. But we need further financial backing from the wider community.

    Please continue to:

    • Support our legal fund

    • Share this update with your networks 💚⭐️

    • Ngā mihi nui for standing with us. Your generosity is making a real difference.

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  • What's going on at Auckland's Sanctuary Mahi Whenua Gardens?

      11 December 2025

    Rohan MacMahon, a representative for the Sanctuary Mahi Whenua Gardens community talks to Jesse Mulligan on National Radio's "Afternoons".

    https://www.rnz.co.nz/national/programmes/afternoons/audio/2019016503/what-s-going-on-at-auckland-s-sanctuary-mahi-whenua-gardens

    "An Auckland community is disputing the development of housing on the site of the Sanctuary Mahi Whenua Gardens. "

    "The gardens are based on the old Unitec campus site in Mount Albert and have existed for 26 years as a community hub and education tool."

    "In October 2024 the Government approved development of hundreds of homes via the fast-track bill, which garden members say flies in the face of the agreement made when the land was purchased by The Crown in 2018."

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    • 11/12/2025 by Sanctuary Community Organic Garden Mahi Whenua Incorporated

      The Society is not against the housing development in the area. In the March 2018 sale and purchase agreement some 29 ha of land was sold by Unitec to the Crown. In this legal agreement clause 25.4 stated that the 0.7 ha community garden area was to be preserved forever and not built on. The Crown is now reneging on its obligations and has approved housing development over the 0.7 ha. This is what is in dispute.

  • Clause 25.4 of the March 2018 sale and purchase agreement

      23 November 2025
    Main image

    In March 2018 the Crown committed to preserve the Sanctuary Gardens. This commitment was made through clause 25.4 of the sale and purchase agreement for the land purchased by the Crown from Unitec. The Crown is now allowing this space to be built over!

    Thanks to the incredible generosity of our community, we’ve raised over $8,000 towards our $50,000 goal! Every donation, big or small, is a powerful act of love and commitment to protecting the Sanctuary Gardens.

    Your voices and support have been our strongest shield in this fight. Together, we’re standing up for a precious green space that belongs to all of us according to clause 25.4. This is a place where future generations can connect with nature and community.

    Please keep sharing our story and spreading the word. With your continued help, we can protect this special place for everyone in Auckland to enjoy.

    From all of us, thank you for being part of this journey. We couldn’t do it without you!

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  • Update: 10 November 2025

      10 November 2025

    We are deeply grateful for the overwhelming generosity of our supporters: thanks to your donations, we have already raised just over $6,000 of the $50,000 target! Your commitment is vital to preserving the Sanctuary Mahi Whenua, a treasured space on the Auckland isthmus that must remain protected for all Aucklanders and future residents of the housing development. Please continue to help us by spreading the word.

    This week also marked an important milestone: on Monday, 3 November, the Court of Appeal heard the Crown’s appeal regarding the 30 May 2025 judgment, which had upheld our Society’s position that we have an arguable case for placing a caveat on the land title to safeguard the Sanctuary. The hearing took place before three judges at Auckland’s High Court, and we are now awaiting their decision.

    Our efforts to protect the Sanctuary are based on clause 25.4 of the March 2018 Sale and Purchase Agreement between Unitec and the Crown. To understand why the Sanctuary must be preserved, you can watch a video of Alastair Carruthers, then Interim Chief Executive of Unitec, speaking at our event on 29 April 2018. In his speech, he explains the significance of clause 25.4 and the commitment to safeguarding this special place. Watch the video here.

    Special thanks to Rebecca Swan for capturing Alastair’s speech on video.

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