Auckland Council to sue itself for blocking Orewa seawall

The Auckland Council applied to itself to build a seawall at Orewa, turned it down and is now taking itself to court. Photo / Supplied

The Auckland Council can appeal its own decision to block the controversial Orewa seawall, says the Environment Court.

Council commissioners declined a council application to build a 600m seawall in the north of the beach, but it is appealing their decision through the Environment Court, arguing the commissioners failed to acknowledge how the seawall would counter natural risks.

Environment Court Judges David Kirkpatrick said the appeal could go ahead even though the council was a single legal entity, and there was no basis to split it in two.

"If it is to act as both appellant and consent authority, then it must do so in a way that carefully addresses and avoids apparent conflicts and minimises procedural complications."

The judges will allow the appeal to proceed because there is a real controversy that other parties also want to resolve.

But they said the council was "fully accountable" as both applicant and appellant as well as a consent authority.

"We leave open the possibility that in other circumstances the issue of whether it is lawful or appropriate for a council to appeal against its own decision may need to be decided," the judge said, especially if no one else is involved.

Auckland Council has spent at least $660,000 on engineering, design and legal fees relating to the wall.

Figures released to Hibiscus Matters under the Official Information Act show legal fees alone have totalled more than $140,000.

Both parties were given until last week to file memorandum on proposed terms and conditions for a hearing.