High Court Appeal - Technical Details

10 June 2025, Auckland High Court

Here are the technical details about our upcoming High Court appeal.

History of our involvement in the Proposed TCDC District Plan process

We (Preserve New Chum for Everyone Inc - PNC4E) have been going through the TCDC Proposed District Plan process since 2013. We have participated at every stage of the process from our first submission, appearances at the local hearings, consideration of the decision, appeals, six years of drawn-out mediations, appearances at two separate Environment Court hearings and the consideration of those decisions.


We are still opposed to the number and locations of house sites within the Structure Plan promoted by Northern Land Property Ltd, the developer and proponent of the structure plan.

Recent actions

2022: Interim Decision of the Environment Court to insert a Structure Plan into the TCDC District Plan to allow 25 house sites at New Chum/Wainuiototo and Whangapoua. A process of negotiated settlement was begun but progress was drawn out over the 2022 year with no outcomes apart from the identification of Residual Issues.


2023 : PNC4E appeal the Interim Decision to the High Court. Grounds of the Appeal include whether the Court lacked jurisdiction to change the mapping of Natural Character and Natural Features and Landscapes.


October 2023: High Court Decision agreed with PNC4E that the Court did have jurisdiction to change the mapping of Natural Character.


2024: Environment Court 2 Hearing and Decision. Environment Court Decision did not change the mapping of Natural Character.

Next phase

February / March 2025: PNC4E considers the Environment Court 2 Decision and supports our legal advice to appeal that Decision to the High Court.


4 March 2025: PNC4E Appeal to the High Court.


Our appeal lists 2 errors of law:

  1. That the decision did not include consideration of the relationship of tangata whenua with the natural character of natural and physical resources, and
  2. That the court preferred the landscape evidence of other parties who did not assess the relationship of tangata whenua with natural character.


Note that local iwi, Ngati Huarere and Ngati Hei provided tangata whenua evidence alongside PNC4E at the Environment Court Hearing in 2019. Our Landscape expert, Di Lucas, did assess the relationship of tangata whenua with natural character in her evidence.


In coming to our decision to appeal to the High Court, we felt it was important to leave no stone unturned in our endeavour to protect the bay. Our agreement to keep going was tempered by our legal expert, Rob Enright, who believes we have an important case to put before the court.

Residual issues

There are some Residual Issues associated with the Interim Decision which have been identified by all parties and the court as issues that require addressing. These issues have been on hold until after the last High Court appeal decision. With the new High Court appeal now in progress we have suggested that the Residual Issues be put on hold again until the High Court process has been completed. Not all parties agree with this and there may be a process to advance some of these issues before the High Court process is completed.


Those Residual Issues include:

  • Number and location of house sites
  • Where the proposed public walkway should be
  • Whether the developers can choose to revert to the general rules of the District Plan for subdivision at New Chum/Wainuiototo or Whether they are compelled to use the Structure Plan rules only
  • Whether the non- visibility standards require house sites to be moved, the mapping of the 50m below MLWS line, subdivision rules issues, vehicles on the beach etc.


John Drummond, Chairperson, Preserve New Chum for Everyone Inc