The Environment Court says it needs more information before it can resolve a long-running dispute about a quarry on the Dunedin landmark, Saddle Hill.
Dunedin City Council is arguing the quarry would erode the skyline around the landmark, named by Captain Cook in 1769.
Last month, the Environment Court sided with the Dunedin council, finding Saddle Views Estate quarry does not have a valid resource consent to take rock from the double hill.
The quarry company has already appealed against that decision.
Now the court has declined to rule on the crucial question of whether the quarry has the right to continue to take rock, how much, and from where on the hill.
The court says the case was not proven either way and it wants more photos and other evidence submitted before it can decide.