Legal action between Upper Hutt City Council and The Mall discontinued

Published on 20 May 2025

Upper Hutt City Council is pleased to announce that legal action involving Council and The Mall Upper Hutt Limited (The Mall) has been discontinued.

This means that the litigation has ended, but it remains open for Council to seek costs from The Mall.

In 2015 Council signed a Funding Agreement with The Mall with the intention of achieving positive changes to the city centre precinct.

In December 2022, Council advised The Mall that the agreement had expired.  The Mall issued proceedings against Council the following year, alleging that Council had breached the Funding Agreement.

At the Extraordinary Council meeting on Wednesday 14 May, Council was presented with several options, including a proposed settlement and funding agreement, alongside advice regarding the strength of Council’s case. After considering that information, Council decided not to agree to the proposed settlement and funding agreement. 

Council advised the community of this outcome the morning after the meeting with the publication of a high-level statement.

Following this decision, The Mall has now decided to discontinue these proceedings.

Upper Hutt City Council Chief Executive Geoff Swainson says this is the best outcome in the circumstances. 

“Prior to the Extraordinary Council meeting, public excluded and legally privileged information on this matter was leaked,” he says.

“This disclosure was a breach of Council’s public excluded meeting processes and a breach of confidence and legal privilege. Council is taking this matter very seriously, and investigations into this incident are ongoing.”