A property owner who refused to remove eight shipping containers stacked on a property in the heart of Wellington says they are no different to cars or pot plants.
However, the Environment Court has stepped in and told the owner to clear the containers within 30 days, or apply for a resource consent to keep them there.
In November 2024, the Wellington City Council received a complaint about two shipping containers stacked vertically at 218 Victoria St, Te Aro, Wellington.
Another complaint was received in May 2025 after the number of containers had increased to six.
The address is registered to a company known as 2468 Property, owned by Benjamin Dillon Spencer. The council engaged with Spencer who said the containers were not buildings and were used for storage.
Spencer declined several requests for meetings with the council and emailed them advising he did not give permission to enter or take photographs from neighbouring properties.
The council issued an abatement notice in June 2025 requiring the company to remove all containers before August 29, which Spencer did not appeal or comply with.
Further correspondence was sent from the council over the following months. Spencer advised he would not remove the six containers and instead added two more.
The council filed an application with the Environment Court seeking an enforcement order, which went to a hearing on July 7 before Judge Lauren Semple, who recently released her decision.
At the hearing, Spencer said he did not need a resource consent and other businesses in neighbouring properties also had containers on their properties.
"He likened the containers being on site to a motor vehicle or a pot plant, simply something one owns that is placed on the property but certainly not a building as defined in the plan," the decision said.
The council's evidence was the containers covered more than 20 percent of the site and did not meet the permitted activity for the area.
The court determined the containers met the definition of a building and therefore required a resource consent.
"I am satisfied that the continued placement of the containers on the property contravenes a rule in the plan and their removal is appropriate, unless a resource consent is obtained to regularise their placement," Judge Semple said.
2468 property was directed to comply with the order within 30 days.
Wellington City Council told NZME they had no comment to make at the moment.