Sacred-site ruling hits developers

By CLAIRE TREVETT and MATHEW DEARNALEY

Hundreds of Northland property owners must seek cultural clearance from the local marae before they can develop their land, the Environment Court has ruled.

More than 700 properties in a vast stretch of rural land between northern Whangarei and Hikurangi are affected, although about 800 urban households and businesses have been let off.

Opponents claimed the court's ruling meant the imposition of a "blanket wahi tapu" (sacred site) designation over the rural zone until sites of significance to Maori were identified in a district planning exercise which could take years.

A draft agreement between Whangarei District Council and the Ngararatunua Marae Committee would have required property owners to obtain cultural, archaeological and historical assessments for any discretionary or non-complying land uses.

That was seen as a holding action before the council completed an identification survey under its district plan, in consultation with iwi representatives.

Whangarei Mayor Craig Brown said he was angry the court had forced his council to lay "extra red tape" on property owners by requiring them to seek assessments from the marae for any subdivisions or changes from permitted land uses in the meantime.

Landowners feared extra costs and delays to property sales in an area of thriving subdivision activity, Kamo West. They said it was notoriously difficult to contact marae representatives.

Whangarei National MP Phil Heatley said it was reasonable for landowners working around known significant sites such as pa and cemeteries to seek assessments - but wondered why the Ngararatunua Marae has not yet been able to identify those.

"For all those 700-plus properties to suffer what is in effect a blanket wahi tapu is unreasonable," he said.

"I do not believe the marae is resourced to deal with it. It's a huge amount of paperwork for a marae to deal with. And how long is it going to hold up the consent process?

"It opens the way for every local marae to put a blanket wahi tapu on the land."

Landowner Jim Mortimer said the need for every application to get assessments was unjustified and could become a "fundraising exercise for the marae".

"It is basically extortion. To have something designated as significant on a blanket scale with no identification of it being significant. It gives carte blanche for them to declare it not significant for a fee."

But council policy leader Paul Waanders said the council already had extensive protocols to notify iwi groups throughout its territory each week of any subdivision applications, allowing them to consider whether a project might affect any significant sites.

He had no evidence they were using the protocols to raise vexatious claims or extract hefty consultancy fees, although he acknowledged difficulties landowners might have in establishing contact with Maori representatives.

The Herald was unable to contact Ngararatunua Marae administrators last night despite extensive efforts.

When communication difficulties were raised with the Environment Court, the administrators told Judge Laurence Newhook they had recently moved offices after a burglary, in which a crucial cellphone link was among items stolen.

The judge reminded them that consultation was a two-way exercise and the marae should ensure the consultation process remained open and accessible.