Call For Parties To “Come To The Table” And “Reset Relationship”

Te Taiwhenua o Heretaunga and Ngāti Kahungunu Iwi Incorporated welcome the High Court’s decision in Te Taiwhenua o Heretaunga v Environmental Protection Agency Expert Consenting Panel [2025] NZHC 2397. The ruling affirms the legal requirement for expert consenting panels to meaningfully apply Treaty of Waitangi principles under the COVID-19 Recovery (Fast-track Consenting) Act 2020.

The case concerned the approval of a large-scale aggregate quarry at Maraekākaho within the rohe of Heretaunga and the former bed of the Ngaruroro River prior to its deliberate restriction. The High Court found that the Panel failed to adequately evaluate cultural effects and Treaty principles, despite the detailed Cultural Assessment and Aspirations Report (CAAR) submitted by Te Taiwhenua o Heretaunga.

Marei Apatu, speaking on behalf of Te Taiwhenua o Heretaunga, said: “This decision is a significant affirmation of our mana and the enduring relevance of Te Tiriti o Waitangi in environmental decision-making. The Court has made clear that statutory bodies must do more than gesture toward Treaty principles—they must apply them rigorously and transparently.”

Justice Isac found that while the Panel acknowledged its Treaty obligations and referenced the Hiringa Energy precedent, it did not properly evaluate the cultural impacts and the significance of the river and the location. The Panel also failed to assess the principle of active protection or the CAAR’s Treaty partnership score, which was just 2.5 out of 19.

Te Piringa Hapū, Te Waiora Taiao Kaihautu Patricia Nuku of Omahu said: “We hope the applicants come to the table and meet with us and the community to kōrero in good faith, to reset the relationship. We understand the need for gravel to support roading and recovery, but there are alternative sites available. At the very least, our interests should be given proper recognition.”

Ngāti Kahungunu Iwi Incorporated Director of Environment and Natural Resources, Ngaio Tiuka, stated: “This judgment reinforces the need for early, meaningful engagement with mana whenua, and for proper relationship-building. It’s a wake-up call that fast-track or streamlined processes should not effectively by-pass sound decision-making and the community purely in the name of perceived economic recovery.”

The local community has voiced forthright opposition to the project, local Maraekākaho resident Megan Linnell, states: “This project is opposed by both old and new members of the community. There has been an absolute lack of consultation with Maraekākaho and wider communities. Cyclone Gabrielle showed us how vulnerable this area is, the proposed site, former riverbed, flooded. Has the proposal adequately considered environmental risks? We are deeply concerned about the long-term impacts on our community’s wellbeing.”

The High Court’s decision sets a precedent for future consenting processes, confirming that environmental effects must be viewed through a Treaty lens and that failure to do so may constitute an error of law.

Te Taiwhenua o Heretaunga and Ngāti Kahungunu Iwi Incorporated will continue to advocate for culturally safe and ecologically responsible development. We call on central and local government to uphold their Treaty obligations in all environmental decision-making, not just in principle, but in practice.

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