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.