Refusal for consent upheld

An Environment Bay of Plenty decision to refuse resource consent for earthworks at a Te Puna site at the mouth of the Wairoa River (western bank) on cultural grounds has been upheld by the Environment Court.

Malcolm Whitaker, Chair of the Regional Council’s Regulation Monitoring and Operations Committee said it was pleasing the decision by the Environment Court was upheld as it showed the processes taken and recommendations made by the Regional Council were robust.

“It also shows that the regional council takes cultural values seriously in making its decisions,” Mr Whitaker said. “It’s also important to note that while we don’t want to stop development in the region, we need to make sure it happens in the correct place, in the correct way, which this decision has done.”

Mr Whitaker said under the Resource Management Act the Regional Council is entrusted with focussing on managing the use, development and protection of natural and physical resources.

“This must be done in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well-being while avoiding, remedying or mitigating any adverse effects on the environment. Getting the balance correct can be difficult at times, but it’s pleasing to see we’re achieving this.”

The main reason for the refusal of the earthworks proposal by Environment Bay of Plenty was that the proposed large scale earthworks (particularly the proposed 5.5 hectare borrow pit) would have a significant adverse effect on the relationship of Maori (Pirirakau Hapu) with their ancestral land and a site of significance to Maori (Pirirakau Hapu).

Background:
The original application for resource consent was to carry out various activities (including earthworks and water course modification) associated with a four-lot subdivision (consent granted by Western Bay of Plenty District Council in 2007).

The earthworks proposal included the excavation of a 220m by 250m (5.5 hectare) borrow pit to provide fill for building sites and access road.

The application was publicly notified and 97 submissions were received, 14 in support, 82 in opposition and 1 neutral.

Although other hapū are associated with the area, Pirirakau claim a predominant mana whenua interest in the site including the estuarine headland. The site lies within a broader area known by Piriraku as Tahataharoa. Pirirakau assert that their eponymous ancestor, Tutereinga, is buried within Tahataharoa, but the exact location of the burial site is unknown.

The main reason for the refusal of the earthworks proposal by Environment Bay of Plenty was that the proposed large scale earthworks (particularly the proposed 5.5 hectare borrow pit) would have a significant adverse effect on the relationship of Maori (Pirirakau Hapu) with their ancestral land and a site of significance to Maori (Pirirakau Hapu).

The applicant has also applied for a Private Plan Change to the Western Bay of Plenty District Plan and has sought associated resource consents from Environment Bay of Plenty to construct a large marina on the subject site However, the Environment Court decision is not directly related to this proposal (although several submitters were concerned that the borrow pit was the precursor to the marina development).

ENDS

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