Summary of the legal actions we have taken to retain the Sanctuary Mahi Whenua and uphold clause 25.4 of the March 2018 sale and purchase agreement between Unitec and the Crown.
https://www.stuff.co.nz/nz-news/360943827/fight-over-future-community-garden-heads-supreme-court
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.
Rohan MacMahon, a representative for the Sanctuary Mahi Whenua Gardens community talks to Jesse Mulligan on National Radio's "Afternoons".
"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."
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.
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!
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.
