The High Court has failed to clarify a long-running case about quarrying on Dunedin's landmark Saddle Hill.
Quarry owner Saddle Views Estate appealed to the court in September to try to prove it had the right to cut as much rock as it wanted.
The Environment Court found the quarry on the double hill, which was named by Captain Cook, had never had a resource consent, last year.
The Dunedin City Council then claimed victory after 40 years of community campaigning to protect the hill's shape.
But Justice Whata overturned that decision on a historical point of law.
His judgement left Saddle Hill's future uncertain once again.