Auckland Council could find itself in court if it presses ahead with the sale of the Downtown Carpark to Precinct Properties.
It's a prime piece of Tāmaki Makaurau real estate and was all set for demolition after the council had already agreed to sell it to a private developer.
That was until a surprise pitch from Andrew Krukziener, who wants to rescue the building and save the council some cash.
"It is absolutely insane if they were to go with the Precinct [Properties] proposal," he told Newshub.
Krukziener, also secretary of the Save Queen St Society, said the council should sell to a developer who will retain the car park and build on top.
It's an option he said is also best for the environment.
But Patrick Reynolds, deputy chair of the City Centre Advisory Panel to the council, disagrees.
"The conditions of sale of this car park include opening up the ground plain to public walkways, which is inconsistent with having a car parking building blocking the whole sight," Reynolds told Newshub.
"So, just on the surface, that wouldn't be consistent with the city centre master plan," he added.
Councillor Mike Lee confirmed to Newshub another buyer had just made a higher offer, based on Krukziener's design, and said the council must consider it if they're to keep the city alive.
"There's about 172 vacant shops there now and that's after several years of Auckland Council's quite misguided drive to get rid of cars from the inner city," Lee said.
"It's actually backfiring quite badly and we need to learn from that."
The council is divided on whether to go ahead with the sale to Precinct, but Lee said: "Short term asset sales, especially assets that earn income as an alternative to rates, are dumb and short-sighted."
And Krukziener is planning legal action.
"Under Section 77 of the Local Government Act, it is incumbent on councillors to look at alternative proposals when selling an asset and they must make the best decision for the city and for council," he said.
The council is due to make a decision on Thursday.
