Briscoes' boss Rod Duke will face "an avalanche" of opposition over his Herne Bay helipad when resource consent is reconsidered by Auckland Council, says a residents' spokesman.

Rich-lister Rod Duke successfully gained resource consent to establish a helipad in New Zealand's most expensive suburb in August last year - but it was granted without notifying the public, which caused an uproar among nearby residents.

The helipad was part of the managing director of the Briscoe Group's multi-million dollar home on two adjoining clifftops - and right next to a public beach.

When Kawau Island Action Incorporated Society chairman Andy Coleman got wind of the debate he launched a lawsuit against Auckland Council and Duke to get the resource consent revoked.

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The original boat sheds on Sentinel Beach before Rod Duke started building new structures.
The original boat sheds on Sentinel Beach before Rod Duke started building new structures.

Duke opposed the judicial review and the council abided, but on Friday High Court Justice Christine Gordon ruled that the council would need to reconsider the consent and "deal with the law accordingly".

"Given my conclusion that the notification decision is flawed and invalid, it must follow that the consent decision is also deficient and cannot stand," the High Court judge said in the decision report the Herald obtained.

Justice Gordon said before considering whether or not the Dukes' consent should be granted, the public should be considered.

Dirk Hudig, co-chair and treasurer of the Herne Bay Residents Association, said this morning that locals were "ecstatic about the result".

"I suspect if there's another consent applied for there's likely to an avalanche of submissions," he told the Herald.

Hudig said there was no work being done on the unfinished helipad right now.

A spokesperson for Auckland Council would not comment when asked whether work needed to cease while the consent issue was being sorted through.

"As this is before the courts, it's inappropriate for Auckland Council to comment at this point," a spokeswoman said.

"While we've received the High Court's decision, there is an appeal period and we will not be taking any further decisions until this period complete."

The roof of the old boat shed on Sentinel Beach will fold back as a chopper is about to land. Photo / Dean Purcell
The roof of the old boat shed on Sentinel Beach will fold back as a chopper is about to land. Photo / Dean Purcell

The Herald could not reach Duke for comment.

Duke, worth $750 million in last year's NBR rich list, was granted the consent on the condition of limiting use to three flights a week from the structure after earlier applying for six flights.

The consent also stated the helipad could only be used between the hours of 7am to 7pm Monday to Friday and 9am to 7pm at weekends and on public holidays.

The work includes renovating an old boat shed on Sentinel Beach with a roof that folds back just as a chopper is about to land.