The Environment Court has denied an appeal by Waikato based Perjuli Developments for resource consent to excavate on a culturally significant site in Ngāruawāhia.
Support for Ngāti Tamanuipō over the last two years has been strong. Photo: SUPPLIED
The court acknowledged the cultural importance of the site and its proximity to Pukeiāhua Pā and the Waikato River.
The section, with seven ancient food pits of local hapū Ngāti Tamanuipō, had been set aside for housing since 2016 and was part of stage six of the River Terraces development.
Ngāti Tamainupō spokesperson Kimai Huirama is relieved at the outcome, having peacefully occupied the site with her hapū since 2020.
"We're over the moon with this Environment Court win. It was quite an intense time. The lead up, the preparing of evidence, and then the actual week of watching the other groups give their testimonies and talk about our hapū, and the history of our hapū in relation to Pukeiāhua Pā was really intense and stressful on kaumātua and the whānau," she said.
"It's such a relief to come out this end and be vindicated again...For us it was David taking on Goliath when you look at the resourcing that the developers had versus the hapū."
The hapū has been protesting against destruction of the pits since May 2020, when Perjuli started excavating the site without officially acknowledging consultation with mana whenua.
Waikato District Council ordered the cancellation of resource consents after Commissioner Mike Savage raised concerns with Perjuli's consent application omitting the results of discussions and consultation with Ngāti Tamainupō.
Perjuli Developments is partly owned by Perry Group, and says on its website that no further information regarding stage six, which included 30 sites for housing, will be announced until December this year.
The council's acting chief executive Tony Whittaker said the council welcomed the decision by the Environment Court.
"Waikato District Council is comfortable with the decision made by the Environment Court and believes it supports our original decision on this with respect to the local Mana Whenua."
"In terms of what the developers will do with the land in the future, Council has no firm view on this but will, as always, work with stakeholders collaboratively to achieve positive outcomes for our community."
Ngāti Tamainupō spokesperson Kimai Huirama is over the moon with the latest development after what has been a stressful time. Photo: SUPPLIED
The mara kai (food garden) on this site fed the historic Pukeiāhua Pā 300 years ago and links to the naming of Ngāruawāhia, when 17th century chief Ngaere called out "wāhia ngā rua" or "break open the food pits".
"To have the outcome of the court case go our way, which means that we've been protecting our rua (crater or pit), our taonga, at Pukeiāhua Pā from being destroyed forever....We are holding on desperately to the last remaining rua so that our mokopuna and the future can have the privilege of laying their hands where their tūpuna did 300-400 years ago," Kimai said.
While Ngāti Tamainupō is celebrating the historic win, Kimai said more was needed to ensure accessible resourcing for mana whenua.
"These are some of the changes that we'd like to see. Hapū, iwi, mana whenua, have access to resourcing that can help them protect their taonga, their sites of cultural significance. Because only we have the narrative and carry the whakapapa that needs to be incorporated in cases like these."
The hapū is now in talks with the developer to sell the land and is working through a number of mechanisms that involves the Crown buying it.
"Our ultimate aspiration is to see our ancestral lands returned back to us. Hapū land back into hapū hands."
"This land was confiscated illegally, it is raupatu land (taken by force) that was taken after the Waikato Land Wars...To know the stories but to not have the whenua to be able to connect with our whakapapa, with our mātauranga, it is an incomplete picture."
Perry Group could not be reached for comment.
Local Democracy Reporting is Public Interest Journalism funded through NZ On Air
