Devonport residents launch judicial review challenge over fast-track approval of eight-storey seaside development

HouGarden New Zealand, 16 September — The Devonport Heritage Society this week filed an application for judicial review at the High Court in Wellington, challenging Bishop's August decision to refer Peninsula Capital's proposal to the fast-track approvals process. The legal action targets the minister's referral decision itself, not the development project directly, and is distinct from any attempt to stop the development outright.

The fast-track approvals process sits under New Zealand's Fast-track Approvals Act, legislation introduced by the National-ACT coalition government to accelerate development projects by routing them around standard resource consent procedures. The mechanism has been consistently controversial since its introduction, with critics arguing it strips communities of meaningful input.

Peninsula Capital wants to redevelop a central Devonport site with residential apartments and a 50-room hotel. The proposed buildings would reach up to eight storeys, or 27 metres, in height. At a community meeting in July, Heritage Society members argued that structures of that scale would dominate Devonport's heritage main street and obstruct sight lines to Takarunga Maunga — the volcanic cone also known as Mt Victoria that defines the suburb's skyline.

Devonport is known for its intact Victorian and Edwardian streetscapes and its harbour views across the Waitemata to central Auckland. It is that character, residents say, that makes the proposed building heights particularly jarring.

Heritage Society chair Margot McRae said the court action followed widespread anger in the suburb. 'The society's decision to issue proceedings follows a groundswell of anger in Devonport about the proposed building heights and the fact that Peninsula Capital have side-stepped local consultation by going through fast-track,' she said.

Under the Fast-track Approvals Act, certain parties must be consulted on referred projects — among them relevant local authorities, iwi groups, and owners of neighbouring land. However, the Heritage Society and the general public have no statutory right to submit feedback on Peninsula Capital's plans as part of the fast-track process, which is what drove the society to court.

McRae described the process as having become a 'rubber-stamp exercise'. 'Once these applications are on fast-track, it seems difficult to decline them, and this has led to some irrational outcomes,' she said. 'So we are taking this on behalf of not only Devonport but for all the communities around New Zealand who are outraged about how these out-of-sequence housing developments are being pushed through. It's all speed and no care. By taking legal action, perhaps it will lead to better decision-making.'

The society has retained King's Counsel Alan Webb to represent it. McRae said the group expects the litigation to cost upwards of NZ$70,000 — a floor estimate, not a cap — and is now seeking donations from the Devonport community and the wider public. 'We're asking our community and anyone who loves Devonport to put money in,' she said.

Bishop's office declined to comment, saying it would not be appropriate while the matter was before the courts. Peninsula Capital managing director Mark Hiddleston similarly declined, saying the dispute 'is a matter between Devonport Heritage and the Government' and that the company's focus remained on completing its substantive application and presenting it to the expert panel.

For property investors and buyers with interests in fast-track projects elsewhere in New Zealand, the case is a reminder that a minister's referral decision can itself be challenged through judicial review, adding a layer of legal uncertainty to projects that enter the fast-track pipeline.