More court action looks to be in store for Rotorua’s council as groups opposing a controversial sewerage scheme seek a judicial review.
The Rotokākahi Board of Control would also look to appeal an Environment Court decision this month that enabled work on the about $32 million Tarawera Sewerage Scheme to restart.
The board oversees the iwi-owned private Lake Rotokākahi and has protested the pipeline being built nearby in an area considered wāhi tapu – sacred land.
The Rotorua Lakes Council scheme aimed to improve water quality at Lake Tarawera by replacing septic tanks with reticulated sewerage.
Work to lay the pipeline near Lake Rotokākahi has been on and off because of protests and High Court action taken in response by the council. Police and protesters clashed during a late-night work restart in February.
Work at Lake Rotokākahi paused again for the Environment Court proceedings. These were dismissed two weeks ago and the worksite was re-established on Monday.
Council infrastructure and assets group manager Stavros Michael said works resumed with no disruption and were expected to be completed in four weeks. It was the last section of the sewerage project’s first stage of construction.
Rotokākahi Board of Control chairman Wally Lee said in a statement on Monday afternoon it planned to “imminently” file challenges in the High Court against the council.
Parts of the Environment Court case were found to be outside its jurisdiction.
“Our whawhai now goes from the Environment Court to the High Court,” Lee said.
“In the Environment Court we challenged the council’s lack of resource consent, and their issuing of a permission notice days before they resumed earthworks in February.
“The Environment Court ruled that this issue could only be dealt with by the High Court. So that is where we are now headed to.”
Lee claimed the council “had us believe” it did not need a resource consent and was only when the board told them it would take the legal route that the council issued the permission notice.
“It is disempowering for our people to have the council run over the top of us and our wāhi tapu with questionable processes,” Lee said.
The board sought High Court action to both appeal the Environment Court decision and for a judicial review of the council’s decision-making.
“The judicial review seeks to overturn the council’s irregular permission notice as well as their decision to install this pipe without consulting the Rotokākahi Board of Control.”
Lee said the board agreed with the need to protect Lake Tarawera, “but not at the expense of Rotokākahi, Te Wairoa Stream, and heritage environments”.
He told Local Democracy Reporting on Wednesday the court action had not been filed yet.
The council has maintained it consulted throughout the years and has introduced further risk mitigation since protests began, including “double sleeving” the pipe under a stream running by the lake.
Michael said the council was aware of the board’s press release and would await formal notification from the High Court.
“The Tarawera sewerage scheme follows extensive work to consider options and included discussion with and input from iwi and hapū, including the Board of Control, with the preferred option put forward after careful consideration of all technical, environmental, cultural, financial and planning factors.
“As the Environment Court noted, the council made considerable attempts to engage with the Board of Control.”
Local Democracy Reporting is local-body journalism co-funded by RNZ and NZ On Air.
