A Whangārei hapū is celebrating the end of a controversial development proposed for culturally sacred land.
The land at Onoke Heights, in Te Kamo, is considered wāhi tapu by Ngāti Kahu o Torongare, after it was used historically to treat battle casualties and process the dead.
Developer Onoke Heights Ltd wanted to develop a 93-home subdivision on the 6.9ha site.
Commissioners for the Whangārei District Council approved a resource consent application by the company last year, but the hapū appealed this decision in the Environment Court and won.
Ngāti Kahu o Torongare spokeswoman Nicki Wakefield is pleased a 93-home subdivision planned for Onoke Heights is now not going ahead. Photo / Denise Piper
The developer then applied to the High Court to appeal this decision.
Ngāti Kahu o Torongare spokeswoman Nicki Wakefield said the developer has now dropped its High Court appeal, meaning the Environment Court’s cancellation of resource consent stands.
“This is great because we don’t have to spend a year in the High Court, and we now get to find time trying to find long-term protection.”
On top of this, the developer has agreed in writing to not cut down culturally sacred trees on the land, believed to be hundreds of years old.
The six large pūriri trees and one tōtara are remnants of a time when they were used in the processing of battle casualties.
The Environment Court panel, led by Judge Jeff Smith, found some of the trees would be at least 200 years old and possibly even twice that, and were present on the site in the 1800s when they were already imbued in tapu.
The large trees at Onoke Heights, believed to be hundreds of years old, are now protected from removal.
The hapū was considering applying for an interim High Court injunction to protect the trees, but the written agreement came through instead.
Wakefield said Ngāti Kahu o Torongare is grateful for the community’s support in protecting the site, including the backing of iwi Ngāpuhi and the thousands of people supporting the protection of the trees.
The hapū is now working with Whangārei District Council to get the land protected from subdivision through the District Plan and the trees listed as notable trees.
Other notable and sacred trees in the hapū’s rohe may also need listed protection, she said.
Wakefield did not know what the developer plans to do with the land, valued at $3.4 million.
The developer had proposed 93 homes on the Onoke Heights site.
Onoke Heights Ltd director Philip Leather earlier told the Northern Advocate the council made a “a huge blunder” by not recognising the wāhi tapu when it zoned the land as residential.
The developer bought the land on the understanding it was free to build on, he said at the time.
Onoke Heights Ltd and Whangārei District Council have been approached for further comment.
This is not the first time a subdivision at Onoke Heights has been stopped from going ahead.
The Environment Court ruled against a plan change for the land by Crown agency CDL Land New Zealand for a less intense subdivision in 1996.
Despite this ruling, Whangārei District Council rezoned the land from rural to residential in 2018 as part of its District Plan changes, which involved public consultation.
Onoke Heights Limited applied to the Whangārei District and Northland Regional councils for resource consents for its 93-home subdivision in late 2021.
The application was publicly notified in 2023, with 29 submitters raising a range of concerns. A public hearing was held in November 2023.
Independent commissioner Alan Withy granted resource consents for the subdivision in February 2024.
Ngāti Kahu o Torongare, led by Chantez Connor Kingi, appealed this decision to the Environment Court.
Court hearings were held in September and November 2024, with the judges deciding against the development and cancelling the resource consent in December 2024.
This decision was appealed to the High Court by Onoke Heights Ltd.
