Coastal and river resource hearings start in Napier courts

The Napier War Memorial Centre, scene of one of two major water rights and resource court hearings under way in Napier. Photo / Doug Laing

Two major court hearings involving water resources started separately in Napier on Tuesday.

A High Court sitting considering an application on behalf of Northern Hawke's Bay iwi Ngati Pahauwera for "recognition orders" under the Marine and Coastal Area (Takutai Moana) Act 2011 is scheduled for seven weeks in the basement conference room of the Napier War Memorial Centre, where a three-day Napier City Council hearing was also under way upstairs, adding to the picture of pressure on such facilities in Napier.

The other judicial hearing is an Environment Court sitting scheduled for a fortnight at the East Pier Hotel conference centre in Ahuriri, hearing submissions on recommendations made by a Special Tribunal in 2019 on an application for a water conservation order for the Ngaruroro and Clive rivers.

At the High Court sitting more than 10 legal counsel lined the benches, representing a range of parties including Ngati Pahauwera Development Trust, other iwi interests including Maungaharuru-Tangiitu, Mana Ahuriri and Ngai Tahu, Pan Pac Forest Products, the Hawke's Bay Regional Council and the Crown.

A crowd of about 50 filled remaining public seating, mainly from the iwi and including witnesses as kaumātua Jerry Hapuku took-up Justice Peter Churchman's invitation to karakia before the proceedings started.

The application by Ngati Pahauwera aims at establishing the iwi title to coastal areas in an area north of Napier.

NPDT chairman Toro Waaka says establishing title to coastal areas that were "never sold" is important if the iwi is to "stop seabed mining, pollution, and the ongoing destruction of our coastal fisheries".

"Ngati Pahauwera is presenting a case that establishes our interests whilst recognising other iwi roopu within Ngati Kahungunu whanui have interests as well," he said in a Facebook post.

Opening statements were expected to take at least two days, but one witness scheduled to be called said he was prepared to sit out the whole hearing to be able to have his say.

At least 49 witnesses are expected to be heard, most called by Ngati Pahauwera counsel, who opened by highlighting the Mohaka-based iwi's presence by saying it had 85 hapu groupings that "still have strong identities".

Submissions to the separate Environment Court hearing at East Pier are being made on behalf of seven entities, including the regional council, national organisations the Royal Forest and Bird Protection Society and Whitewater New Zealand, river watchdog group Nga Kaitiaki o Te Awa a Ngaruroro, and three lands trusts.