In March, the court issued a procedural decision approving the consent orders in the council's regional policy statement, but it said the plan did not achieve the purpose of the Resource Management Act.
This would make the plan unlawful and open the council to future legal challenges.
The council has made changes to the statement and taken the decision to the High Court.
Staff and legal representation explained to councillors yesterday how the council got in that position.
Council acting policy manager Anita Dawe said the decision ''put a cloud'' over the legality of a plan.
A report notes that the judge's decision was ''highly unusual''.
''So when we talk about process we're a little constrained because no other council has been through this.''
At no point during the creation of the plan did the judge indicate he would make such a decision, she said.
''The first time we heard about it was in the procedural decision. So that itself caused us some concerns.''
The judge's decision made it unclear exactly which part of the statement did not give effect to the Resource Management Act, she said.
''We need to go to the High Court to have that decision tested to see if that decision's lawful.''
Cr Bryan Scott questioned why the council and court had not ''sat in a room together'' to discuss, fix issues, and sign off the document.
Legal counsel Alastair Logan said it sat in ''several rooms for several days'' with the court.
''The court has signed it off, but says it doesn't agree with it, and that's the problem.''
There was nothing to alert parties to potential problems and the reason the judge gave for the decision was ''quite short''.
A chapter regarding the protecting of natural resources seemed to be the problem, he said.
''ORC has gone back to the court and suggested wording changes.''
All regional councils must create policy statements, which outline policies and methods for managing natural and physical resources in the region.
