Justice Churchman found the council was not close-minded in its decision-making. Photo: Supplied / Wellington City Council
An advocacy group's legal bid to stop the shrinking of character-housing protections in Wellington has been shot down.
In March 2024, Wellington City Council put forward its own recommendations for the district plan, after rejecting a range of ideas from an independent hearings panel.
The council's recommendations included removing character-housing protections, cutting the city's 'character areas' from 206 hectares to 85 and allowing at least six-storey buildings for housing near trainlines.
RMA Reform Minister Chris Bishop backed most of the council's recommendations to boost intensification, allowing their inclusion in the district plan.
LIVE WELLington filed a judicial review against the minister and council's decisions last June, arguing the minister and council did not adequately consider the independent hearing panel's recommendations, and the council had a fixed idea on the size of character areas it wanted.
The group also believed new housing intensification rules were incorrectly applied to assess the size of character areas.
The judicial review was heard in the Wellington High Court in February and the decision by Justice Churchman was released on Thursday.
Justice Churchman dismissed the reasoning given by LIVE WELLington, and upheld the minister's and council's decisions. He found the council was not close-minded in its decision making, as alleged by the advocacy group.
The judge also concluded the council and minister had adequate reasons for rejecting a greater character area zoning.
Wellington Mayor Tory Whanau said the ruling was a positive step for the city.
"This win allows us to continue the goals of the 2024 district plan and build the kind of city all Wellingtonians deserve - vibrant, resilient and well-planned."
LIVE WELLington convener Jane O'Loughlin told RNZ that the ruling meant about two-thirds of Wellington's character homes now didn't have protection.
"It really does send a message to communities, unfortunately, that your views are not welcome, your views are not valued."
O'Loughlin said, in "the old days", the decision could be taken to the Environment Court, but now, there were no more options for the group.
"There is nothing further we can do for character."
She said councillors clearly had fixed ideas on the district plan, although it was difficult to convey that to a judge.
Minister Bishop has been approached for comment.
