Sir Ray Avery's dream to save one million babies with his invention, the Lifepod, faces another hurdle as a planned charity concert at Eden Park heads to the Environment Court.

Eden Park Trust confirmed resource consent application has been granted to refer the Waitangi Day LifePod concert to the Environment Court.

It came after former Prime Minister and Mt Eden resident Helen Clark's submission to Auckland Council.

She opposed the concert and said it was a "Trojan horse" to allow the council's park management division to plan further concerts at the venue.


The Eden Park Neighbours Association also opposed the concert, saying it would breach noise limits.

Mark Donnelly, president of the EPNA, said they met with Avery about the concert, where discussions were held but no promises were made.

Clarke claimed that the Eden Park Trust was using Avery's charity event as a "ruse" to ensure they could use the location for other concerts.

"Five previous applications have failed - now they are trying this ruse.

"If the 'charity' application succeeded, then a precedent for ongoing concerts would be set," Clark said.

"The proposed charity element is not directly related to the concert nor specific to this venue in any meaningful or concrete fashion within the application," she submitted

The direct referral process to the Environment Court would likely save time and money for Eden Park, Auckland Council and submitters, Eden Park Trust chief executive Nick Sautner said.

"The Trust is delighted with the overwhelming level of support received from local residents, businesses and the broader Auckland community.

"We reiterate our commitment to engage with the local community through the resource management processes, in a respectful fashion, and to seek to address any concerns."

The Live Aid style concert was planned for Waitangi Day next year. It was based on the 1985 fundraisers led by Sir Bob Geldof to provide relief for the Ethiopian famine.

Avery said the concert would kick-start his fundraising goal of $4m, which meant he could create 2000 Lifepods.

Following the decision, he told the Herald on Saturday: "We live in a democratic society where everyone has a right to their say and they have done so."

"It is now for the Environment Court to decide the outcome in the best interests of all parties."

The inventor has gained support for the charity event from Auckland Mayor Phil Goff, Auckland Council chief executive Stephen Town, Auckland councillor Christine Fletcher, Auckland RSA, local residents of The Hood - Eden Park Supporters' Club and local business associates.

Eden Park is owned by the Eden Park Trust, a charitable trust established under the Eden Park Trust Act 1955.

Consistent with the Act, the Auckland Unitary Plan provides for up to six concerts in a 12-month period at Eden Park as a "discretionary activity".

Discretionary activities require resource consent. This is why the Eden Park Trust has applied for a resource consent for the LifePod concert planned for Waitangi Day.

Sautner said trust met with the Eden Park Residents' Association, the Eden Park Neighbours' Association, and representatives from the Albert-Eden Local Board prior to lodging its resource consent application, to explain the proposed concert and to try to understand any concerns about the impact on the stadium's neighbours.

"The Eden Park Trust is hopeful that, with informed and respectful communication, the community will be reassured that a charity concert at Eden Park in 2018 will serve that purpose," Sautner said.