This article was first published by RNZ.
The judges who threw out a consent for a Whangārei subdivision say it is one of the clearest cases they have ever seen of a site that should not be developed because of its significance to Māori.
Whangārei hapū Ngāti Kahu o Torongare is celebrating after winning an Environment Court appeal against a 93-home development on land at Onoke Pā, in Te Kamo.
It is the second time in 30 years the hapū has fought a subdivision on the same piece of land, which it has always maintained is hugely significant to Māori.
The Environment Court decision - released today by Judges JA Smith and T Williams - is critical of council decision-making and failures to protect the land after a previous court case in 1996.
The ruling quashes a consent issued earlier this year to Onoke Heights Ltd by the Whangārei District Council, and also cancels a Northland Regional Council consent.
The judges described the Onoke Pa case as “one of the clearest cases we have seen of an inappropriate site being listed for development where it contains sites of significance to Māori and historic heritage”.
It was also “one of the clearest cases we have seen where consent should be refused” with no realistic dispute about the site’s significance.
The judges found that by rezoning the land as residential in 2018, the district council had breached its own rules about not exacerbating any existing Treaty claims. The council had also failed to consult hapū about the rezoning.
“It is also one of the very few pieces of land which would be available to tangata whenua to be returned in the event that the Waitangi Tribunal considered that as appropriate. In particular this interest was clearly notified to the current owners … [that] meant that the owners should have exercised great care in proceeding with a development.”
The judges also pointed out the Whangārei District Plan included a commitment to protecting historic heritage from inappropriate subdivision.
“We note that the destruction of the entire historic heritage site cannot meet this provision,” they stated.
The judges said they were also concerned about the validity of a tree removal Certificate of Compliance issued by the council, but had no direct jurisdiction on that matter.
The certificate is believed to relate to a number of puriri trees.
The 6.8ha site borders Dip Road and Onoke Scenic Reserve, on the northern edge of Te Kamo.
The appeal was lodged by Chantez Connor-Kingi on behalf of Ngāti Kahu o Torongare, and joined by Protect Onoke Incorporated.
The hearings were held in Whangārei in September and November.
Any disputes about the judges' findings, or applications for costs, must be filed by 31 January.
Whangārei District Council has been contacted for comment.
By Peter de Graaf of RNZ
