The Auckland City Council wants to extricate itself from further arguments about the 34-level tower it approved for the harbour waterfront in November last year without consulting the public.
In the High Court at Auckland yesterday, Alan Galbraith, QC, for the city council, sought an order to strike out proceedings brought by the Society for the Protection of Auckland City and the Waterfront. The group is seeking a judicial review of the council decision.
The city council move has the backing of AMP Asset Management NZ, the developer of the $140 million PricewaterhouseCoopers Tower.
AMP also wants a surety that it will be able to recover up to $100,000 in legal costs if the case proceeds and the society loses.
Mr Galbraith questioned the society's standing. It did not exist when the council decided to grant the resource consent.
Mr Galbraith called the society "a breakaway subgroup of a subgroup"of the Auckland Institute of Architects.
He said the group was not in the category of No 1 Queen St, the entity under which property developer Andrew Krukziener challenged the city council.
Mr Krukziener withdrew his court action last month.
For the society, Michael Savage said the organisation did not exist in November because the council decision did not become public until five months later.
In seeking the judicial review, the society wanted the decision declared unlawful and quashed. It wanted the council to publicly notify the resource consent application.
The hearing, before Justice David Morris, continues today.
High stakes in waterfront tower fight
AdvertisementAdvertise with NZME.