Court puts hold on Takapuna asset sale

The High Court has temporarily blocked Auckland Council from selling Takapuna’s Anzac St car park, as a local woman seeks a permanent prohibition of sale.

Miriam Clements, who identifies herself as a legal strategist, first took the matter to the North Shore District Court late last year, seeking an injunction against a possible sale of the land.

The car park has been identified for sale and development by Auckland Council’s development arm Panuku since 2015.

Negotiations around changing the land’s use from parking to mixed-use development are ongoing between Panuku and the Devonport-Takapuna Local Board, after protest by community members delayed a decision at a council meeting in November.

Clements’ district court appeal was thrown out as it did not have the jurisdiction over the matter, prompting her to instead appeal to the High Court, naming Auckland Council and its councillors excluding Mayor Phil Goff and Councillor Sharon Stewart - in the action.

‘‘Councillors are legislatively bound by purpose and principle, to democratically represent the community’s majority position when they’re making decisions on disposing of our assets,’’ Clements said.

‘‘The councillors’ current decision-making suggests a culture of dictatorship rather than an impartial and democratic representation of the peoples.’’

On January 31, in the High Court, Justice Kit Toogood put a stay of sale on the carpark until a judicial review proceeding could take place, determining whether proper community consultation took place and if the councillors had predetermined the sale.

The proceeding is scheduled for February 22.

Clements has a deadline of February 19 to apply to have the stay extended beyond the scheduled hearing, if she chooses to.

Clements, who ran for MP of the North Shore electorate in last year’s election, said she has financed the work and applications herself. ‘‘I’ve submitted four major arguments now. So, it’s been an immense commitment of voluntary time but it is clear that unless my case finds success, then Takapuna will lose an asset that could define the future quality of that city.’’

The car park, which was paid for by local businesses through a levied rate, is home to Takapuna’s Sunday Markets.

Auckland Council has been temporarily blocked by the High Count from selling Anzac St carpark in Takapuna.