KiwiRail has lost its bid to stay a judicial review in which it decided to build a station in South Auckland at Drury.
Local developer Made Group, which is building a growing development called Auranga, is battling KiwiRail over where to put the third of three new Drury stations.
Made Group wants the station to be against the planned town center of Auranga, and KiwiRail wants it to be 450 meters across the road, close to other new developments.
The Supreme Court has ruled that Made’s judicial review of the decision behind the location will continue in March 2023, as scheduled.
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KiwiRail had wanted questions about the decision to go to the Environmental Court, during a hearing on KiwiRail’s land application, likely to take place in late 2023.
But Supreme Court Justice Wylie said Made’s allegations – that the whereabouts decision was made unlawfully in a closed meeting – should be tested in the judicial review process, not before the environmental court.
KiwiRail denied the claims, saying the meeting only outlined options and no decisions were made.
Auranga is one of several developments at Drury, which is expected to reach “Napier size” by 2030.