Rotorua council broke law in handling of sewerage pipe near sacred lake

The High Court has found the Rotorua Lakes Council broke the law in its handling of a sewerage pipeline near a sacred lake.

The Rotokākahi Board of Control, which manages Lake Rotokākahi, took the council to court over the plan in December.

It alleged the council had failed to properly consult the board before moving ahead to install the pipeline, which had already been completed before the High Court hearing.

A judgement released by the High Court has found that decision, and a later decision to issue a section 87BB notice to conduct the works without a resource consent, were both unlawful.

But Justice Tahana declined to order that the council reconsider, given the project had already been finished.

"The pipeline is now installed, and houses are being connected. Reconsidering the decision has the potential to impact all property owners impacted by the Scheme," Tahana wrote.

In a statement celebrating the judgement, the Rotokākahi Board of Control said the council knew the lake was tapu and was required to engage with the board, but didn't.

"These are serious findings against the council. We demand accountability and correction," board chair Wally Lee said.

Lee said the pipeline may have already been in the ground, but that did not erase the unlawful decisions that led there.

"For us, this is not the end. The board is considering the judgement and taking advice on further legal options. We are clear that unlawful decisions affecting Māori-owned whenua and a tapu ancestral landscape cannot be made without consequence," Lee said.

Lee told RNZ his board wanted to take further legal action but would not comment on what form that may take.

"Their actions were unlawful and there must be consequences for that. You can't go around breaking your own laws and expect everything to be swept under the carpet and everyone disappear... That's not going to happen," he said.

Lee said the door was still open for a positive relationship with the council, but it was "up to the council now to rectify the situation, not us".

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RNZ has approached the Rotorua Lakes Council for comment.

rnz.co.nz