Media release 30 October 2025
Legal battle intensifies as Crown seeks to overturn the caveat placed over Sanctuary Mahi Whenua Gardens
Auckland, New Zealand
For 26 years the Sanctuary Mahi Whenua gardens have thrived, serving as a hub for community, education, and biodiversity. The Crown purchased the land containing the gardens from Unitec in March 2018 and contractually agreed as part of the Sale and Purchase Agreement to preserve the Sanctuary Gardens (clause 25.4).
A caveat was placed on the property title in 2024 by the Sanctuary Gardens society to ensure legal protection of the gardens. This caveat is now at the centre of a significant legal dispute.
The Crown has challenged the caveat and is seeking to remove this crucial protection. The High Court recognised an arguable case for its retention and upheld the caveat in May 2025. Now the Crown has escalated the matter to the Court of Appeal, aiming to strike out the caveat. If the caveat is removed, this unique land will almost certainly be lost to the public forever. The Sanctuary Mahi Whenua Gardens and food forest would be built over, depriving current and future generations of a treasured community asset and open space.
This issue goes far beyond the gardens themselves; we believe it has major ramifications for property rights in New Zealand. The Crown is apparently creating a precedent by ignoring provisions of a Sale and Purchase Agreement.
The appeal will be heard at 10 am on Monday, 3rd November 2025, in Courtroom 2 at the Auckland High Court (Historic Building), 24 Waterloo Quadrant, Auckland. Members of the public are invited to attend and show their support.
In response to mounting legal costs, Sanctuary Mahi Whenua has now launched a fundraising campaign to safeguard this unique open space for current and future generations. Supporters are able to contribute to the legal fund via our Givealittle page.
Sanctuary Gardens spokesperson Rohan MacMahon “urges everyone to share this message widely and help us preserve the Sanctuary Mahi Whenua Gardens and food forest for the benefit of all.”
Thank you.
ENDS
Background information – this is NOT part of press release
Carrington Residential Development (Te Kukūnga Waka)
https://www.hud.govt.nz/our-work/te-kukunga-waka-carrington-residential-development
It is suggested that 4000+ medium-to-high-density units will be built in the entire development, however, the infrastructure being put in supports 6000.
There is little publicly accessible open space for such a big development with only 5.1 ha (about 13%). [This figure excludes the land of the Sanctuary Gardens.] The total open space is well below best practice guidelines of around 20-25%.
In 2020, the Carrington Residential Development project was approved for fast-tracking under the Covid19 Consenting Act. The project has now been approved for the Government’s replacement fast track legislation.
The development represents an unprecedented scale of extremely high-density development in New Zealand and will create Auckland’s most densely populated area.
The Sanctuary Gardens is not against the development itself; however, we take issue with the legal agreement for the Sanctuary Gardens not being kept.
For further information:
Rohan MacMahon
Sanctuary Gardens
Ph: 021 410 861
rohmac@yahoo.com or sanctuarymahiwhenuagardens@gmail.com
www.sanctuaryunitec.garden/
Facebook: @SanctuaryCommunityOrganicGarden
Instagram: @SanctuaryMahiWhenua
Givealittle: https://givealittle.co.nz/cause/help-save-the-sanctuary-mahi-whenua-gardens
Media Release - 10 December 2024
Charitable society vs Crown legal case has implications for property rights in NZ
A community-based charitable society is taking the Crown to court to protect a caveat on land the Crown is trying to develop despite agreeing to its protection. This issue has major implications for property rights in New Zealand.
Sanctuary Community Organic Garden Mahi Whenua Incorporated (Sanctuary Gardens) vs The Crown (Ministry of Housing and Urban Development) will be heard in Auckland High Court on 12 December 2024.
Sanctuary Gardens operates a successful organic community garden, food forest and educational resource at the site, which is run by volunteers in partnership arrangements. The internationally-recognised gardens are an important community asset and taonga, being open to the public 24/7 and include an access way to the nearby Oakley Creek walkway.
The caveat relates to the Crown purchasing land from Unitec in Mt Albert and then allocating housing development rights for that land. In March 2018 both the Crown and Unitec publicly promised and legally agreed to preserve the 0.7 ha Sanctuary Gardens as an open green space. This was documented as a condition in their Sale & Purchase Agreement.
By September 2023 it was discovered that the Crown had ignored the Sanctuary Gardens condition when it allocated development rights to the land. Sanctuary Gardens was not informed earlier of any change to the condition protecting it.
The developer plans to build over the Sanctuary Gardens site. It is unclear whether they had been told about the Sanctuary Gardens provision when they agreed to the parcel of land allocated to them. To date the Crown has stonewalled attempts to find out who authorised the removal of the Sanctuary Gardens condition from the Sale & Purchase Agreement, and when.
Sanctuary Gardens subsequently placed a caveat on the land to prevent development taking place. The Crown is trying to remove the caveat, and the upcoming Court hearing is to argue for it to remain in place.
Sanctuary Gardens treasurer Trevor Crosby is calling on the Crown to meet its promise and preserve the gardens as provided for in the Sale & Purchase Agreement.
“This issue goes far beyond the gardens themselves; we believe it has major ramifications for property rights in New Zealand, The Crown is apparently creating a precedent by ignoring provisions of a Sale & Purchase Agreement.”
About the development
It is suggested that 4000+ medium-to-high-density units will be built in the entire development but infrastructure being put in supports 6000.
The development represents an unprecedented scale of extremely high-density development in New Zealand and will create Auckland’s most densely populated area – comparable to the likes of Paris, Mumbai and Seoul.
There is very little publicly accessible open space for such a big development - only 5.1 ha (about 13%). This is well below best practice guidelines of 20 - 25%. (This figure excludes the land that should have been preserved for Sanctuary Gardens.)
In 2020 the Carrington Residential Development project was approved for fast-tracking under the Covid19 Consenting Act, for which consent applications had to be submitted by January 2024. The project has now been put forward for the Government’s replacement fast track legislation.
Although Sanctuary Gardens holds concerns about some aspects of the development, it is not against the development in itself. It does, however, take issue with the Sanctuary Gardens legal agreement not being kept.
ENDS
For further information:
Trevor Crosby
Sanctuary Gardens
Ph: 027 6989 962
www.sanctuaryunitec.garden/
Facebook: @SanctuaryCommunityOrganicGarden Instagram: @SanctuaryMahiWhenua