The Napier City Council has applied for an Environment Court enforcement order over the dumping of concrete on a Poraiti Rd property.
The Environment Court has yet to make a decision, but if accepted, it would require the property owner to either remove the material or obtain a resource consent.
The privately owned land on which it was dumped is a known Maori urupa (cemetery) and is the residence of Malcolm Herbert, director of Napier-based Herbert Construction.
When Hawke's Bay Today first revealed how the concrete, believed to be in excess of 100 cubic metres, was put on the property, Mr Herbert said it was part of planned landscaping work and he was unaware it was in breach of the district plan.
Since the Environment Order application was lodged in late November, Mr Herbert had submitted a formal resource consent application with the Napier City Council.
NCC senior resource consents planner Paul O'Shaughnessy said council was still assessing the consent application. No decision had yet been made as to whether neighbours would be consulted and if it would be accepted.
He said it was a "positive" step in the process, and NCC hoped to resolve the dispute by mediation and without formal court enforcement.
The concrete is believed to have come from the demolition of Napier's AMP building, carried out by Auckland-based company Demolition 1, which contracted to Herbert Construction.
Mr Herbert could not be reached for comment.