One of New Zealand's richest men is fighting a legal battle for his rights around demolition and rebuilding in heritage zones.
John Spencer, patriarch of a Rich List family with an estimated $675 million, owns 16 sections near Devonport facing Ngataringa Bay opposite the Bayswater peninsula.
He is in a legal stoush over North Shore City council plans to change rules over what can and can't be done to buildings on the land.
The issue has been tied up in the courts for more than two years.
Mr Spencer's last infamous property battle was in 1996 at Stony Batter, Waiheke Island, which saw him mount an eventually unsuccessful fight against public access over his land to historic Second World War fortifications and gun emplacements.
His latest battle is over the council seeking new rules on the shore's heritage zone houses, closing a loophole which allows almost complete demolition under the guise of "additions and alterations".
Via various companies, the Spencer family owns the North Shore's most valuable beachfront land bank worth $20 million-plus.
It includes a series of neighbouring clifftop seaside sections flowing down to north-facing, private golden beaches. Some have residences, including an imposing pre-1940s mission-style house. QV records show it is held in various companies including Tokoeka Properties, directed by John Spencer's wife Mertsi Spencer and son Berridge Spencer.
Two properties are worth $5.6 million. The seaside 70 Stanley Point Rd, owned by Tokoeka, has a QV valuation of $4.8 million of which $4.6 million is the .4854ha section. Next door at 72 Stanley Point Rd, almost half a hectare also owned by Tokoeka, is valued at $820,000 but has nil-value "improvements".
The council has been trying to introduce the changes since 2007 but Mr Spencer's family company, Clime Asset Management, mounted an Environment Court battle against the proposed changes to new building rules, demolition, alterations and additions.
Lawyer Martin Williams of Quay Chambers is representing Clime and described his client as worried about the extra cost and processing time of applications to put houses on the sites or replace existing buildings.
A few weeks ago, a pre-trial Environment Court conference left about 17 council and legal officials frustrated when an attempt to settle the matter before a full hearing resulted in a stalemate. Council environment group manager Trevor Mackie said this week both parties were now preparing reports to be submitted on Monday but a full court hearing seemed unavoidable.
Clime opposed the changes sparked by three controversial seafront Devonport cases where buildings which campaigners argued had historic merit were almost totally bowled.
These were fashion designer Caroline Sills' renovation of her King Edward Parade home, the near-demolition of Cheltenham Beach's $4 million 15 Arawa Ave and destruction of all but one wall of a 1920s clifftop bungalow at 22a Jubilee Avenue.
Mr Mackie said there was widespread discomfort about the situation where the council had to be involved in stipulating housing designs directly.
Mr Spencer was once known as the country's toilet paper king due to massive pulp and paper investment via Caxton.
Last year's NBR Rich List said he was "a specialist at keeping a low profile for his family".
JOHN SPENCER
* Family worth of an estimated $675 million.
* Has been on the NBR rich list top 10 for the past decade.
* Owns beachfront land on the North Shore worth more than $20 million.
* Owns the award-winning Waiheke Island vineyard: Man o' War.
* Known as the "toilet paper king" for his investment in the Caxton paper mills which earned him a fortune.
Rich-lister's heritage battle
One of New Zealand's richest men, John Spencer (left) owns 16 properties at Stanley Point (right), North Shore. Photos / Northern Advocate, Brett Phibbs
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