Plans for development on Pukekohe Hill close to finalisation after 14 years

When Franklin District Council notified its District Plan in May 1994 it was hard to imagine that one part of the Plan would be the subject of ongoing negotiation and litigation for nearly 14 years. That has been the case for the Pukekohe Hill part of the plan. At least until this week, when the High Court dismissed the final appeal lodged by Hill landowners Karl Schweder and the Flynn Brothers. Apart from the potential for the appellants to seek leave from the High Court to appeal this decision in the Appeal Court, the process is at an end.


On receipt of the decision Franklin Mayor, Mark Ball said “this has been a long and expensive process for the people of Franklin District and is a great example of all of the very best, and all of the very worst, aspects of the Resource Management legislation we work with. On the positive side it proves that individual property owner’s rights are protected to the very end in the legal process. On the negative side it is an example of the enormous costs and time delays that the process can cause. It is also worth noting that there is only one elected member still on Council from those who adopted the District Plan and none of the original staff planners. For the sake of the ratepayers and the other property owners on the Hill, let us hope this is the end of the matter.”


The judgement CIV 2007-404-003613 was delivered by Justice Cooper on 13 February 2008 at 1.00pm, pursuant to r 540(4) of the High Court Rules.