The High Court has temporarily barred Auckland Council from selling its big Takapuna carpark after action from an opponent.

Miriam Clements, a legal strategist, wants the car-parking are and public open space where Sunday markets are held to remain in public ownership. She is seeking to win a judicial review of the council's planned sale.

So she took the council to court in Auckland.

Justice Kit Toogood issued an interim decision this week saying: "The property at 40 Anzac St, Takapuna shall not be sold pending further order of the court."

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Clements' action was over the council's decision to sell the carpark, the judge said.

"The challenge is brought on the basis, among other things, of predetermination by individual councillors and, as I apprehend, a failure to engage in appropriate consultation with those claiming to represent the public interest," the judge said.

The matter is due to return to the court on February 22 when it will be called on a list, he said. If Clements wants the sale bar extended, she must apply to the court by February 19, he ordered.

"I make it clear that the interim order staying the sale is a short-term measure which responds to the concerns of Ms Clements and her supporters, pending a full argument of whether interim relief is appropriate," the judge said.

Panuku Development Auckland, a council entity, has a development scheme for the carpark which Clements opposes.

Last year, Panuku said: "40 Anzac Street is currently a 250-space car park. It is located in the centre of Takapuna between Anzac Street and Lake Road and is adjacent to Potters Park. There is an opportunity for 40 Anzac Street to be developed to create a mix of residential, commercial and public open spaces with activated laneways linking the site to Hurstmere Road, Hurstmere Green and Takapuna Beach."

Those plans could see the car-parking area and Sunday markets off the site and moved elsewhere.

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