High Court Hearing – Update and Statement

Plane Sense from Plane Sense

The High Court hearing on the Plane Sense judicial review has now taken place. The case focuses on whether the process used to introduce the 1 December 2022 DMAPs departure path was lawful. The hearing examined the decision-making steps taken, the expert evidence presented, and whether community interests were adequately taken into account — as is required under the State-Owned Enterprises Act.

As part of the proceedings, Plane Sense outlined that reverting to the previous flight path would return operations to the last decision formally made through a recognised process. Plane Sense also presented evidence suggesting that maximising the harbour airspace for departures is the most reasonable option, enabling aircraft to cross land later and at a significantly higher altitude, thereby reducing noise for residents. It was further submitted that reserving the harbour airspace solely for the occasional missed approach is unreasonable in light of the daily impacts experienced by communities from every departing jet aircraft — impacts that have increased as DMAPs has concentrated fully-laden, high-power climbs over residential areas as aircraft depart toward Wellington's peak terrain, Mount Kaukau.

Plane Sense emphasised to the Court that the core issue is not communities competing over impacts, but the need for large organisations — whether public or private — to follow fair, lawful, and transparent processes when making decisions that affect people’s health, wellbeing, and environment, noting that without robust accountability, similar situations could arise in any New Zealand community.

Since Wellington Airport’s belated consultation in 2024 — where more than 50% of respondents voted for change — Plane Sense has consistently reiterated that this is not a “them versus us” matter. The issue is lawful decision-making by corporations with the power either to create harm or to prevent it.

The eventual outcome of the case could be advantageous for all communities. Whilst the immediate result may be a return to the previous flight path, one potential long-term solution, put before the Court, is the fuller utilisation of the largely empty airspace over Wellington Harbour as a noise-abatement solution — a measure that could provide benefits for residents across the region.

The Court’s decision is now awaited, with an indication that a judgment will be available in the New Year.