111 hectares of QEII-covenanted native bush in the Kaimai ranges near Matamata has once again been successfully defended from a quarry company’s attempts to remove the legal protection of the area.

A Supreme Court judgment issued on Tuesday rejected the application of Kaimai Properties Limited (part of the J Swap Group) for leave to appeal an earlier Court of Appeal decision in QEII’s favour.

This decision brings to an end the latest round of litigation, which started in 2021. However, the protected area has been the subject of legal challenge for nearly a decade, with the first challenge to the Open Space Covenant filed by KPL in 2017.

QEII National Trust Chair Alan Livingston is pleased with the judgment and says the decisions made by the courts to-date underscore the strength and integrity of QEII National Trust Open Space covenants in the face of legal challenge.

“It is important that we defend QEII covenants from legal challenge through the Courts when we need to. Once again, the QEII covenant has been proven to provide robust protection in the face of legal challenge.

“It is vital to the agreement we enter into with landowners – and we will always stand up to fight for that protection.”

Alan Livingston is hopeful that this decision will finally bring the issue to a conclusion.

“This latest round of litigation brought by KPL has been incredibly costly and frustrating for the team, and ultimately has diverted resources from our core work, which is protecting more sites and supporting landowners to look after their covenanted land.”

“This will draw a line under the latest attempt and we can turn our sights to protecting even more of our natural heritage and biodiversity for future generations of New Zealanders to enjoy.”

Further information

This story refers to Kaimai Properties Ltd & Anor v QEII National Trust & Anor

Timeline:

2007: Covenant registered on land title

2009: Quarry company buys the land

2015: Quarry informs QEII it intends to expand quarry into the covenant

2017: Quarry brings rectification proceedings arguing the covenant allows quarrying

2019: Covenant successfully defended in the High Court

2021: Covenant successfully defended in the Court of Appeal

2021: Quarry asks QEII to remove two-thirds of the protected area

2021: Quarry brings judicial review proceedings arguing the covenant is invalid

2023: Covenant successfully defended in the High Court

2024: Covenant successfully defended in the Court of Appeal

2025: Supreme Court rejects quarry’s application to make a further appeal