An Environment Court hearing that will help determine the fate of the ancient Māori burial site Ōpihi Whanaunga Kore will be held in Whakatāne on February 10.
By Diane McCarthy, Local Democracy Reporter
The appeal, being brought against Heritage New Zealand by kaitiaki group Ōpihi Whanaungakore Trustees, has resurfaced after three years of out-of-court discussions with developers MMS GP.
The Ōpihi Whanaunga Kore group believe the area, situated at Piripai Spit – directly across the river from Whakatāne township – to be one of the oldest burial sites in New Zealand and wāhi tapu.
A protest march was also being planned to coincide with the court hearing.
The group said the ancient urupa was much larger than the fenced-off area adjacent to the development site that was still in use to this day.
The appeal was against a decision by Heritage New Zealand to approve an archaeological authority consent for a 240-lot residential development on a 26.9-hectare site at 77 Bunyan Rd, Whakatāne, known as the Ōpihi Block.
The land was owned by Whakatāne District Council, which entered into a sale and purchase agreement with the developers for $7.775 million in 2017, with an agreement that 10 of the 40 hectares would be reserved for a retirement village.
Quotable Value currently valued the property at more than $16 million.
Whakatāne District Council granted resource consent for the development on March 4, 2021.
The Ōpihi Whanaungakore Trustees, alongside Te Runanga o Ngāti Awa and members of hapū Ngāi Taiwhakaea, took the council to the Environment Court to have a resource consent overturned on grounds the land had enduring and significant ancestral value for the iwi and hapū.
In a May 2022 decision, the court found the appellants had no right of appeal and a further appeal to the High Court agreed with this finding.
Another appeal was lodged against Heritage New Zealand and was notified to be heard in October 2022 but was adjourned to allow interested parties an opportunity to resolve the dispute.
An application for Fast-Track consenting for the project was submitted in May 2024 but the Ministry for the Environment has withheld information about this under the Official Information Act.
Ōpihi Whanaunga Kore Kaitiaki group was organising a hikoi on the day of the hearing for supporters of their case for the area not to be developed.
The supporters would meet at Mataatua Reserve from 7.30am before walking to REAP House in Pyne St where the hearing would be taking place.
– Local Democracy Reporting is local body journalism co-funded by RNZ and NZ on Air.
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