Dialogue: Robson v taniwha shaping up as a $500,000 stoush

By DANIEL JACKSON

In the red corner, weighing in at several hundred bureaucrats, is Matt the Mauler. He and his department are keen to get started on building a $100 million prison at Ngawha, near Kaikohe.

But in the other corner is Takauere who, as a mythical creature of Maori legend, doesn't weigh much but has a lot of spirit. The taniwha, who legend has it resembles an eel, frequents most of the waterways in Northland and bases himself near Ngawha in Lake Omapere.

He and a lot of his people, of Ngapuhi and especially the Ngati Rangi hapu, are not too keen on having 350 inmates parked on their doorstep on what many consider an important cultural site.

Going into the first fight (a resource consent hearing for earthworks and stream diversion for the prison which was being refereed by the Northland Regional Council), the odds looked good for the minister and his department.

If I had been a betting man, I would have put money on the minister and his boys, who had done an impressive amount of training before the fight.

They had technical evidence that said they could overcome the problems of geothermal activity, soil unsuitability and the hilly contours of the site. They even had plans for overcoming the Ngawha Stream which runs right through the prime building spot.

They had also been around the locals and secured a few who were willing to stand up and say they thought the prison was a good thing for Northland.

But I would have lost my money because Takauere packs one hell of a punch when it comes to fighting resource consent. Modern ways of thinking may have pushed Takauere into the background and weakened his powers but the taniwha has recently had his strength restored thanks to part two of the Resource Management Act - especially sections 6(e), 7(a) and 8 - which give consideration to tangata whenua, their traditions and their beliefs.

And Takauere is an important taniwha in Northland's Maori culture. When he's not scrapping with ministers, he watches over and protects the waterways which are a traditional food source.

Objectors to the prison pointed out to the commissioners that, among other things, it would be a bit tough if the Corrections Department came along and dammed up Takauere's Ngawha Stream while building the prison and then drained the surrounding land of his water. One even suggested that for Takauere it would be like "throwing mud in his eye."

The minister's men tried to counter, saying that once the prison was finished, the stream's course would be returned near to normal and the water quality improved.

But it was too late. The knockout blow had been delivered and Takauere and his supporters came away the clear victors when the regional council's commissioners declined the resource consent because of their argument.

Matt the Mauler's boys were left in stunned disbelief. It wouldn't have been out of place if one of them had mouthed the classic pug line, "We wuz robbed."

But since then the minister has a second wind, conferred with his corner and called for a rematch. He has filed an appeal in the Environment Court against the regional council's decision and he's guessing that he is going to have to dig deep, an extra $500,000 deep, to win.

This time the motivation is on his side. The minister's department has invested a lot to buy the Ngawha site and develop the prison proposal and probably is not too keen to see it all washed away by the waters of the Ngawha Stream.

But Takauere and his supporters are not alone now. They have an ally in the regional council, which has switched positions from being referee to fighter and will stand shoulder to shoulder with them to defend the commissioners' decision.

So get ready fight fans, this rematch is going to be a doozey and you may as well watch because it's your taxes and rates that are paying for it.