Outcome of judicial review

April 17, 2025

A judicial review taken by LIVE WELLington against decisions made regarding character areas in Wellington has been dismissed by Justice Churchman in the High Court.

“LIVE WELLington is disappointed by the decision released today, but will not appeal it,” said convenor Jane O’Loughlin.

“Taking a judicial review was the only appeal action available to us, after the Wellington City Council did not accept the recommendations of an independent hearings panel on the extent of character areas, and the council’s approach was backed by the Minister for RMA Reform.

“A judicial review is always a long shot, because you are challenging the way the decision was made rather than the substance of the case.  We took it because we felt that it was important to do what we could to protect what remains of Wellington’s character areas.

“I would like to thank all the donors and supporters of LIVE WELLington for allowing us to give it a shot.

“Overall, the process we have gone through with the District Plan shows that where fast track mechanisms are employed, community groups and other advocates are fighting an uphill battle to get any traction.

“The best evidence counts for nothing if politicians are determined to see a certain outcome.  This is clearly demonstrated in the Wellington District Plan where the boundaries for the character areas are now exactly where they were set following the spatial plan decision in 2019, despite hundreds of pages of input and evidence being presented.  In a fair process you would expect to see some changes, if only at the margins.

“Decimating character areas won’t do anything material to advance the goal of affordable housing in Wellington.

“Our submissions showed it was possible to retain a sensible amount of character housing while also making room for the new housing we need. There is a significant amount of underused land in the CBD and inner suburbs that could accommodate projected housing needs without destroying functional older homes.

“This outcome will affect the liveability of the city however, which is sad for Wellington.”