Koutu Point resident Diana Ellis has withdrawn her appeal to the High Court against the Ministry of Education's plan to build a new Kura Kaupapa Maori o Te Tonga o Hokianga at Koutu Point, citing health issues and finance.
The proposal was unveiled after the kura at Whirinaki was granted wharekura status in 2010.
A commercial lien is to be filed against the ministry, the Far North District Council and the Ministry of Justice this week, however, claiming violation of sacred physical, spiritual and cultural customs of tikanga Maori.
Ms Ellis earlier filed a re-hearing application to the Environment Court, offering what she said was new evidence in the form of Northland Regional Council maps identifying Koutu Point as a tsunami evacuation zone, plans for a $3 million multi-purpose community sports complex on the site and Waitangi Tribunal claim implications. Principal Judge Laurie Newhook had refused the application, she said.
"Concerns for our children, our people, our culture, our marine ecosystems and our environment were the driving force behind the original appeal to the Environment Court in June 2012."