PNC4E have received the Judgement of our High Court Appeal that was heard in Auckland on  10 June 2025. Disappointingly, the Judgement dismissed our appeal.

Our appeal was built around the point that Matauranga Maori values were not considered when mapping the boundaries of the High Natural Character areas at New Chum / Wainuiototo and should have been. If Matauranga Maori values were to be included then the High Natural Character areas would have extended further inland. The Judgement found that the Natural Character of the Coastal Environment is “derived otherwise than directly from human activities.” This contradicts our belief that Matauranga Maori values should have been recognised and included in the mapping of the High Natural Character.

While losing the case was always a possibility we were aware of, we felt we had put forward a viable and coherent case for a positive outcome. The Judge had a different view.

The other consequence of losing at the High Court is the costs award. Parties who lose are usually required to pay the costs of the parties who win. The costs award against us is about $45,000 to be paid to the developers and the Council.

Since the delivery of the Judgement, our legal team have analysed the Judgement and found several reasons on which an appeal could be made. This would involve seeking leave to have the matter heard before the Court of Appeal. If we were successful in getting our case to the Court of Appeal it would involve further legal and court fees. Any loss at this court would be a doubling or trebling of any costs award.

As we were considering our options in the wake of the Judgement, our Lawyer negotiated a possible outcome where we would not seek leave to appeal, and the developers and Council would waive the costs award. After careful consideration of the options, the committee decided to accept that outcome and not seek leave to appeal. The costs award against us of $45,000 will be waived.

The recent appeal process and loss has left us with almost no funds. We raised about $20,000 for the case and spent it all on court fees ($5,000) and legal fees ($15,000), with disbursement costs ($5,000) – mainly printing and providing documentation, from our savings. Our Legal team (Rob, Troy and Martin) worked for much reduced and zero, fees and our Landscape Architect (Di Lucas) provided information and support at the hearing at no cost to us.

The next phase of the Structure Plan process is to go back to the nine Residual Issues which were remaining after the Environment Court Decision in 2022. These Residual Issues include: whether the number and location of house sites need to be amended to achieve the no-visibility from the beach criteria; whether an inland public walkway should be included; what the rules are for alternative house sites, accessory buildings and minor units; etc.

We will need to have our Lawyer, Landscape Architect and possibly a Planner to give us advice for these matters. A telephone conference is being planned to restart this process and we expect that to begin in the coming months.

John Drummond, Chairperson, Preserve New Chum for Everyone Inc