Ports of Auckland’s consents for controversial wharf extensions have been overturned in a High Court ruling.
Justice Geoffrey Venning released a decision on Friday afternoon stating Ports of Auckland’s (POAL) decision to proceed with the Bledisloe Wharf extensions without notifying the public was “flawed” and were therefore no longer valid.
Urban Auckland’s Julie Stout said those who were opposed to the expansions were “delighted and relieved” at the decision.
Ports of Auckland’s consents to extend the Bledisloe Wharf into Waitemata Harbour have been overturned by the High Court.
Ports of Auckland’s consents to extend the Bledisloe Wharf into Waitemata Harbour have been overturned by the High Court.
“We always thought it was wrong what Ports were doing and that the process was wrong.” It was nice to have the court judgment to back that up, she said.
Those opposed to the extensions hoped the Ports would remove the piles that had already been put down and the focus would be on the council’s year-long future ports study.
Audrey van Ryn (left) and Gloria Jenkins join From Civic Trust Auckland joined protestors that gathered at Queens Wharf in February to show their opposition to Ports of Auckland’s new wharf expansion and planned future reclamation.
Audrey van Ryn (left) and Gloria Jenkins join From Civic Trust Auckland joined protestors that gathered at Queens Wharf in February to show their opposition to Ports of Auckland’s new wharf expansion and planned future reclamation.
Stout was celebrating the decision on Friday evening at the Royal New Zealand Yacht Squadron with a group of Aucklanders who had opposed the expansions from the start.
“It’s a great legal and moral victory,” she said. During the past few months the issue had united Aucklanders from different walks of life, she said.
Protesters gathered at Queens Wharf, Auckland in May, over Ports of Auckland’s planned extension/reclamation of adjacent Bledisloe Wharf.
Protesters gathered at Queens Wharf, Auckland in May, over Ports of Auckland’s planned extension/reclamation of adjacent Bledisloe Wharf.
Celebrities, including Neil Finn, Sir Graham Henry, Lady Pippa Blake, and Sir Stephen Tindall had joined the cause, along with thousands of people who had joined a series of protests against the extensions.
The decision followed a two-day hearing at the High Court at Auckland between urban design lobby group Urban Auckland, and Auckland Council and POAL, which is owned by Auckland Council Investments Limited.
The port was granted consent to build two 100-metre extensions off the end of Bledisloe Wharf into the Waitemata Harbour, but after a public outcry and pressure from its council owners it agreed in April to postpone the western one – known as B3.
However, it was continuing with construction of the B2 extension on the eastern side of the wharf.
Urban Auckland sought a judicial review that there was a miscarriage of justice when the consents were granted, and that the work must stop.
Justice Venning said POAL should have notified those affected of the extension plans so they could submit on the matter.
Therefore, the consents issued in 2014 for the B2 and B3 extensions without notification were no longer valid.
The decision said the multiple consents required should have been “bundled”, leading to a broader consideration of adverse effects, and that special circumstances existed requiring notification.
POAL spokesman Matt Ball said work had stopped on the B2 wharf extension.
“Ports of Auckland is disappointed with the outcome of this case as we believed that all legal and planning requirements had been fully complied with.
“We will need time to consider the implications of the judgement.” Ball said POAL thought it did “everything right”. Auckland Council said it would consider the judgement during the next few days and would then issue a further statement.
