Horowhenua District Council challenged over storm water works

Unconsented earth works by Horowhenua District Council at Kowhai Park Recreational Reserve in Levin is being legally challenged on the grounds the work extends across waahi tapu and related sites of significance.

In her affidavit to the Environment Court Vivienne Taueki of MuaUpoko hapu Ngati Tamarangi said the pipeline construction at Queen Street drain should be prohibited until the council has obtained a resource consent and complied with statutes and regulations affecting sites of significance to Maori.

She said, "The excavation of earth - and the laying of about 55 metres of large concrete drain pipes - [is] causing destruction, harm and modification all to accomplish discharge of storm water and other liquids into Lake Horowhenua via the drain commonly known as the Queen Street Drain."

Lake Horowhenua is recognised by the National Institute of Water and Atmospheric Research (NIWA) as being one of the worst polluted lakes, and also one of the lakes with the worst eutrophication in all of New Zealand, mainly caused by storm water run-off.

Legal firm Buddle Finlay, representing the council, stated Ms Taueki's application would be opposed on the grounds it, "seeks to hinder works that Horowhenua District Council wishes to carry out promptly."

In an affidavit council's Infrastructure Services project manager Gerard O'Neill said regional council Horizon's team leader of consents Andrew Bashford, "confirmed any damming, diversion or discharge of water associated with the works is a permitted activity" meaning a resource consent is not required.

Mr O'Neill also disputed Kowhai Park is an archaeological site or that an archaeological authority is required for, "filling in the drain-that is, placing fill material around the pipe placed in the drain."

Ms Taueki said in 2007 the New Zealand Historic Places Trust (NZHPT) decided to decline council's application to destroy, damage or modify the Kowhai Park site due to cultural significance identified by Ngati Tamarangi." She said surely major earthworks was a modification.

She also said she has "personally" informed the council "several times" the site is an area of significance "despite this, HDC has failed to establish a list of significant sites. I have been involved with four attempts by the HDC to damage, destroy, modify or remove the Kowhai Park site."

"I know of nothing that could have happened to alter the cultural significance of the site in the intervening years, yet the council has made further efforts to destroy the site."
The council contracted Tatana Contracting Ltd to do the work. The same company Lake Horowhenua Trustees contracted to carry out recent unconsented major storm water earthworks at Lake Horowhenua.

The council has decided to carry out a feasibility study on options for storm water discharged to Lake Horowhenua in the 20 year Long Term Plan being adopted on 27 June

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