The High Court appeal by Onoke Heights Limited has disappointed mana whenua, who would rather focus on appropriate long-term use of the Te Kamo site than head to court for a third time.
The 6.9ha site on Dip Rd has long been considered wāhi tapu [a sacred place] by Ngāti Kahu o Torongare and Te Parawhau, with the land being used to treat battle casualties and traditionally prepare the dead, making it unsuitable for living on. It also includes culturally significant pūriri trees.
In 1996, the Environment Court rejected an earlier subdivision by Crown company CDL Land New Zealand, saying Ngāti Kahu’s relationship with the land was clear and strong, and the cultural significance was of national importance.
However, the land was rezoned twice by Whangārei District Council between 2014 and 2022, changing from being categorised as “countryside environment” to “general residential”.
In 2021, the land was bought by Onoke Heights Limited, a subsidiary of Builtsmart Properties, which also developed Totara Parklands in Whangārei.
The company received resource consent for a 93-house subdivision from an independent commissioner for Whangārei District Council and Northland Regional Council in late 2023.
This decision was appealed by Chantez Connor-Kingi on behalf of Ngāti Kahu o Torongare, joined by Protect Onoke Incorporated.
In December 2024, the Environment Court agreed with the hapū, cancelling the resource consent and questioning the validity of a tree removal certificate for the pūriri trees.
The judges said it was one of the clearest cases they had ever seen in which the land should not be developed because it contains sites of significance to Māori and historic heritage.
The judges also rebuked Whangārei District Council for not considering the 1996 Environment Court decision, failing to consult mana whenua when rezoning the land and not completing work to identify sites of significance to Māori.
The proposed area for the Onoke Heights development is on the edge of residential development in Te Kamo, Whangārei.
Ngāti Kahu o Torongare spokeswoman Nicki Wakefield said the Environment Court decision resulted in a lot of joy for the hapū, as it meant the cultural values of Onoke would be protected.
Now there is disappointment the hapū will have to go through another expensive judicial process to protect the land, which has already been protected by two court decisions, she said.
“My disappointment is that we must pour our energy into that [the appeal], as opposed to pursuing something that might be more appropriate for everyone involved.”
Hospice care or funeral-related business would be more appropriate for the site, which is not appropriate for homes, Wakefield said.
“For us, it would be like living in an urupā or cemetery: the bulk of people wouldn’t really want to raise a family in a cemetery.”
The hapū relied on donations and personal contributions to fund a lawyer for the Environment Court appeal and would be starting another Givealittle page for the High Court action, Wakefield said.
It has the backing of many members of the community who do not support the subdivision for a variety of reasons, she said.
“There’s still nearly 2000 petitioners who signed our petition and many people congratulating us since the Environment Court decision. It’s just a reminder that the wider community out there is watching this closely.”
Whangārei District Council confirmed it has received notice of an appeal by developer Onoke Heights Limited and has been listed as a respondent.
The company was approached for comment.
Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years’ experience in journalism and is passionate about covering stories that make a difference.
