PRESS RELEASE 24 February 2026
For Immediate Release
Sanctuary Mahi Whenua Takes Supreme Court Action to Protect Community Garden on the Auckland Isthmus
Overview: Sanctuary Mahi Whenua has taken its fight to save an 0.7 ha Auckland community garden to the Supreme Court. The Society argues the Crown is attempting to override a 2018 sale and purchase agreement to preserve this land from development, and the December 2025 Court of Appeal decision risks a miscarriage of justice.
Auckland--Sanctuary Mahi Whenua, a long‑standing community garden and food forest on the Auckland isthmus, has taken its fight for protection to the Supreme Court. This action follows a Court of Appeal decision that threatens the future of this valued public resource.
In May 2025, the High Court found that the Society had an arguable case to lodge a caveat over the land title, based on clause 25.4 of the 2018 sale and purchase agreement between Unitec and the Crown. That clause expressly stated that the 0.7‑hectare community gardens and food forest were to be preserved. Despite this, the Crown has allowed plans to proceed that would see the area built over.
The Crown appealed the High Court decision, and on 19 December 2025 the Court of Appeal reversed the earlier judgment. The Court ruled that the caveat would lapse at the end of January 2026, removing the protection that had safeguarded the land throughout the dispute.
Sanctuary Mahi Whenua’s legal team believes the Court of Appeal erred in concluding that the Society does not have a reasonably arguable case. The decision also blocks the Society from accessing discovery—something the High Court had previously said was necessary to properly interpret clause 25.4, including pre‑contractual correspondence. Without discovery, the Society argues, a miscarriage of justice would occur.
As the Society’s spokesperson Rohan MacMahon notes:
“without these communications the Society has been fighting with one hand tied behind its back. If there were no agreement to preserve the garden as the Crown argue, why would clause 25.4 even exist in the agreement?”
On 10 January 2026 the Society applied to the Supreme Court for leave to bring a civil appeal. The Supreme Court is expected to take two to four months to decide whether the appeal may proceed. In the meantime, the caveat remains in place until 29 May 2026, ensuring temporary protection for the land.
Call for Community Support
Sanctuary Mahi Whenua continues to seek significant financial support from the wider community to sustain this legal effort and uphold the commitment made in the 2018 agreement to preserve this unique green space for future generations. Every contribution strengthens the Society’s ability to defend the land. Approximately $4,000 of community‑raised funds has already been used to file the Supreme Court application, including around $2,000 in fixed Ministry of Justice fees.
The Society is a registered charity under the Charities Act 2005 (CC55011), meaning donations over $5 are eligible for a New Zealand charitable giving tax credit.
How to Support
Direct donations:
Sanctuary Community Organic Garden Mahi Whenua Incorporated
38-9023-0868233-03
Email Trevor Crosby (trevorcrosby@actrix.co.nz) for a receipt.
Givealittle:
https://givealittle.co.nz/cause/help-save-the-sanctuary-mahi-whenua-gardens
Contact: Rohan MacMahon. Email: Rohan@wollemi.nz; Phone: +64 21 410 861
More information:
Website: www.sanctuaryunitec.garden
Facebook: @SanctuaryCommunityOrganicGarden
Instagram: @SanctuaryMahiWhenua
High Court judgment 30 May 2025, [2025] NZHC 1240 https://www.nzlii.org/nz/cases/NZHC/2025/1240.html
Court of Appeal judgment 19 December 2025, [2025] NZCA 691 https://www.nzlii.org/nz/cases/NZCA/2025/691.html
Te Kukūnga Waka (Carrington residential development) https://www.hud.govt.nz/our-work/te-kukunga-waka-carrington-residential-development
Plan Change 94 (Private): Wairaka Precinct: now at the appeal stage to the Environment Court, with mediation talks held 17-18 February 2026. Open space is one issue. https://www.aucklandcouncil.govt.nz/en/plans-policies-bylaws-reports-projects/our-plans-strategies/unitary-plan/auckland-unitary-plan-modifications/proposed-plan-changes/pc-94-wairaka-precinct.html
11 December 2025.
Afternoons with Jesse Mulligan, National Radio. An Auckland community is disputing the development of housing on the site of the Sanctuary Mahi Whenua Gardens. The gardens are based on the old Unitec campus site in Mount Albert and have existed for 26 years as a community hub and education tool.
In the March 2018 sale and purchase agreement some 29 ha of land was sold by Unitec to the Crown. In this legal agreement clause 25.4 stated that the 0.7 ha community garden area was to be preserved forever and not built on. The Crown is now reneging on its obligations and has approved housing development over the 0.7 ha. Rohan MacMahon, a representative for the Sanctuary Mahi Whenua Gardens community talks to Jesse.
Sanctuary Gardens: Fundraising video produced by Connor Crawford.
Trevor Crosby being interviewed on TVNZ’s Breakfast programme on 6 December 2024. The sheds had just been demolished on 3 December.
Clause 25.4 of the March 2018 sale and purchase agreement
23 November 2025
In March 2018 the Crown committed to preserve the Sanctuary Gardens. This commitment was made through clause 25.4 of the sale and purchase agreement for the land purchased by the Crown from Unitec. The Crown is now allowing this space to be built over!
Thanks to the incredible generosity of our community, we’ve raised over $8,000 towards our $50,000 goal! Every donation, big or small, is a powerful act of love and commitment to protecting the Sanctuary Gardens.
Your voices and support have been our strongest shield in this fight. Together, we’re standing up for a precious green space that belongs to all of us according to clause 25.4. This is a place where future generations can connect with nature and community.
Please keep sharing our story and spreading the word. With your continued help, we can protect this special place for everyone in Auckland to enjoy.
From all of us, thank you for being part of this journey. We couldn’t do it without you!
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