Data source
Date of text
24 Apr 2012
Seat of court
Original language


Type of text
Reference number
[2012] NZEnvC 74
Court name
The Environment Court
environmental impact assessment, spatial planning

The Environment Court has released a 46-page judgment on appeals against the City Council's proposed 'Variation 11' to the District Plan - which relates to the possible construction of new buildings in the north Kumutoto area of the waterfront - between north Queens Wharf and the Railway Station. The judgment is wide-ranging and deals with a complex set of planning rules relating to a very high-profile piece of public land. It will involve implications for the future development of the waterfront in terms of built form, public spaces and financial issues. Council will have to consider this issue further in the Long-Term Plan deliberations as part of considering the draft three-year Waterfront Development Plan.
The Environment Court said there were “numerous” and “fundamental” deficiencies in the council’s Variation 11 plan. The proposed rules did not protect heritage character on the waterfront and in some cases were “poorly drafted”. The court was also concerned about the implications for pedestrian access and open space.