North Shore seawall at Berridge Spencer’s home declared illegal

The seawall as it has been built at the home of Berridge Spencer at Stanley Bay on Auckland’s North Shore. Source / building determination decision, MBIE

The naturally occurring bedrock coastal cliff at this site is made up of interbedded sandstones and siltstones.

The cliff varies in height but is generally 8m to 9m high, Hird wrote.

It is eroding as a result of wave action, Hird said.

A resource consent was granted to Spencer’s company in December 2024, before construction started.

But no building consent was ever sought or granted.

“The owner is of the understanding that a building consent was not required for the construction of the seawall and disputes the issue of the notice to fix,” Hird said.

Berridge Spencer in a picture taken some years ago.

“The owner agrees the seawall is a permanent, immovable assemblage of materials. They characterise the work as armouring works or an inundation barrier that is armouring the cliff against erosion of the cliff’s siltstone layers, caused by wave action and weathering, which has resulted in undercutting of the sandstone beds of the cliff,” Hird said.

Spencer had conceded that some coastal armouring works would require a building consent.

The property at Stanley Point on the North Shore. Photo / Brett Phibbs

But he said that the seawall was not subject to the act.

That is because the wall is not a retaining wall, as it was not designed to retain the slope.

The seawall only provided protection to the slope, he claimed.

Spencer contended that for much of its length, the wall did not provide lateral support to, or retain, land, and that land stability is not dependent on the works.

The Stanley Point home of Spencer, where the seawall has been built. Photo / Brett Phibbs

Therefore, he argued these components and layers did not perform a structural role of the type ordinarily regulated under the Building Act.

The seawall is about 114m long and varies in height along its length between approximately 3.6m to 4.1m from the footing to the top of the wall.

Foundations are estimated to be approximately 500mm to 600mm deep and 1200mm wide.

The ministry decision went against Spencer.

“The authority is of the view that the notice to fix was correctly issued, because the seawall is a building in terms of … the act and the works required a building consent. The authority considers the seawall meets the definition of a building,” Hird wrote.

Stony Batter gun emplacement on Waiheke Island which Spencer will operate with iwi. He has huge island holdings and his land surrounds the historic fort. Photo / Michael Craig

In other Spencer news, the Department of Conservation has just awarded the lease for Waiheke Island’s Stony Batter to one of his companies and iwi.

The department’s Auckland operations director Alex Rogers said the 10-year lease had been won by Man O’ War Vineyards and Ngāi Tai ki Tāmaki.

The Stony Batter Historic Reserve is known for its World War II tunnels and gun emplacements, Rogers said.

It is the largest fortress built in New Zealand.

The lease and licence concession grants the business opportunity to undertake guided tours through this historic tunnel network.

Fort Stony Batter Heritage Park held the concession, which expired last June.

An opportunity was today extended to Spencer, via a spokesman, to comment on the seawall if he wishes.

Anne Gibson has been the Herald’s property editor for 26 years, written books and covered property extensively here and overseas.

Stay ahead with the latest market moves, corporate updates, and economic insights by subscribing to our Business newsletter – your essential weekly round-up of all the business news you need.