High Court blocks Takapuna council carpark sale (for now)

Takapuna's main carpark, 40 Anzac St. Photo/Jason Oxenham

The High Court has temporarily barred Auckland Council from selling its big Takapuna carpark after action from an opponent.

Legal strategist Miriam Clements wants the carpark and public open space where Sunday markets are held to remain in public ownership. She is seeking a judicial review of the council's planned sale.

So she took the council to court in Auckland.

Justice Kit Toogood issued an interim decision this week saying: "The property at 40 Anzac St, Takapuna shall not be sold pending further order of the court."

The ban was a temporary measure until full arguments can be heard.

He said Clements' action was based on "a failure to engage in appropriate consultation". The matter is due to return to the court on February 22. If Clements wants the sale bar extended, she has to apply by February 19, Judge Toogood ordered.

Clements opposes a development for the carpark proposed by council entity Panuku Development Auckland.

Last year, Panuku said the 250-space car park, in the centre of Takapuna between Anzac St and Lake Rd, could be developed to create a mix of residential, commercial and public open spaces, linked by lanes to Hurstmere Rd, Hurstmere Green and Takapuna Beach.

The carparks and Sunday markets would have to move somewhere else.