Fletcher failed twice in applications to Heritage New Zealand Pouhere Taonga for archaeological authority to modify or destroy Maori archaeological sites at Ihumatao. It advised Heritage NZ that it would seek a judicial review if its third application was unsuccessful, and the authority was granted on September 27.
In doing so, Heritage NZ manifestly failed in its duty to ensure the "identification, protection, preservation, and conservation of ... historical and cultural heritage". Some beneficiaries of the local Makaurau Marae and SOUL (Save Our Unique Landscape) have lodged an appeal with the Environment Court.
In the three years to last March Heritage NZ granted 877 (almost 97 per cent) of 907 applications for developments affecting Maori archaeological sites. It has said that pre-application discussions can result in protective measures being taken. But the Ihumatao decision plainly suggests the law fails to produce promised protection and the developer inevitably wins.
Unlike other special housing areas, SHA62 land was confiscated in the 1860s and granted to settlers. The people who had lived there for more than 800 years were forced from their land.
Auckland's development has thrived on the back of Ihumatao. Sacred maunga and ancient pa were quarried for roading materials, and the area greatly affected by wastewater treatment. Commercial development and urban sprawl took a huge toll. Yet this unique community and landscape still has a beating heart.
Three years of opposition to the development has been led by a group of local cousins and supported by the community under the banner of SOUL to protect the land for all New Zealanders. The Auckland Council and the Government have been deaf to the group's submissions but the United Nations Committee on the Elimination of Racial Discrimination recommended in August that the Government review the matter. It said consultation must be free, informed and inclusive of all affected Maori. Consultation did not imply consent.
SOUL supporters maintain a presence on the land out of respect for their tupuna and future generations. A year ago, Kaitiaki Village was established at Ihumatao and visitors come to learn about the issues and appreciate the beauty and significance of this land. From January to March this year alone, more than 1000 visitors, including school groups, joined guided tours of Kaitiaki Village and the Otuataua Stonefields Historic Reserve.
SHA62 is next to this reserve, with many hundreds of recorded archaeological features, and is part of the same ancient landscape. It is the last piece of land of its type and size left in Auckland. Once destroyed, it is gone forever.
Serious questions remain about the effects of infrastructure and a population rise. Stormwater consents allow for the untreated discharge of rainfall and other surface water into the Oruarangi River. This will create flooding, erosion and pollution of this treasured waterway from the development's paved surfaces.
With significantly increased traffic flows, SHA62 could destroy Ihumatao village as a living landmark of the history of human habitation.
If this development goes ahead, it will redouble the injustice of the original confiscation. SHA62 threatens the heritage values of one of our nation's oldest continuously occupied settlements − arguably Auckland's oldest "suburb" − and raises serious questions about how NZ does democracy.
It's not too late to undo the damage. The change of Government creates a new opportunity to do the right thing: buying the land back from Fletcher and letting interested parties work together towards an outcome everyone can live with.
