Character housing lobby goes to court to fight ‘biased’ intensification panel
Wednesday, 3 June 2026
A pro-heritage housing lobby has made an application to the High Court to oust a Plan Change 120 hearings panel member, claiming he is “biased”.
Auckland’s Character Coalition has lodged a judicial review application challenging the appointment of Stuart Donovan of Motu Research to the panel.
The panel is set to consider where to zone for more than a million homes in the supercity, after the Government mandated the council cater for greater housing growth.
It’s expected that intensification will be focussed within a 10km radius of the city centre, meaning older suburbs with character villas, like Mt Eden, could experience significant zoning change.
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In a notice of proceedings document, seen by The Post, the Character Coalition has named Auckland Council, Chris Bishop as Minister for RMA Reform, Donovan and the hearings panel as respondents.
The coalition claims in the document that Donovan is “incapable of giving genuine open-minded consideration” when it comes to the economic implications of housing capacity.
It claims that Donovan has made “multiple posts on social media supporting the goal of ‘upzoning’ including for the goal of providing more housing in urban centres”.
The coalition’s statement to the court claims that Donovan has made previously made “severe criticisms of economists expressing contrary views” in published papers.
“A fair-minded lay observer might reasonably apprehend that Donovan might not bring an impartial mind to such questions,” it said.
It also points out that Donovan has no previous experience as a hearings panel commissioner.
The Character Coalition has sought an order quashing Donovan’s appointment, or alternatively an order requiring him to recuse himself.
In a letter previously sent by the coalition directly to Donovan it invited him to voluntarily stand down.
When approached by The Post, Donovan said he was “not in a position to comment”.
Donovan was among PC120 panel members who were appointed by Government ministers under legislated powers.
Following legal threats from the Character Coalition, Bishop had said he remained “satisfied” with Donovan’s appointment.
Bishop said that Donovan had completed a “Making Good Decisions course” in November last year.
“I am confident he will approach the hearings with an open mind and that any perceived conflicts of interest can be adequately managed,” Bishop said.
The Character Coalition has asked for a case management hearing in the High Court on June 10.