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Home / New Zealand

Companies convicted for damaging 600-year-old Maori site

Kurt Bayer
By Kurt Bayer
South Island Head of News·NZME.·
22 Jan, 2015 02:36 AM3 mins to read

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Redcliffs in Christchurch. Photo / Pam Johnson

Redcliffs in Christchurch. Photo / Pam Johnson

Two companies responsible for digging up an archaeologically significant early Maori site dating back more than 600 years have today been convicted and discharged by a judge who praised the "extraordinary lengths" they have taken to right their wrongs.

Builders for Mike Greer Homes Canterbury Ltd, who were engaged by Arrow International (NZ) Ltd, cut through previously unexcavated ground and disturbed "a charcoal rich cultural layer containing shell, bone and fire cracked rock" while rebuilding at a quake-damaged site at Redcliffs, Christchurch.

After discovering the mistake in excavating on a "very well-known early moa hunter period site", both firms put their hands up.

At Christchurch District Court last October, Arrow and Mike Greer Homes both pleaded guilty to charges of causing an archaeological site to be damaged or modified without authority, in a breach of the Historic Places Act 1993 and the Crimes Act 1961.

The charge carries a maximum penalty of a $40,000 fine.

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At sentencing today, Judge Jane Farish said a conviction and discharge was warranted in this case after taking on board the suggestions put forward by both parties.

Andrew Riches, defence counsel for Mike Greer Homes, said the firm which had senior directors in court today, was willing to donate $10,000 to Heritage New Zealand.

Mike Greer Homes was also preparing to give $12,500, and Arrow $19,000, to Otago University's Department of Anthropology and Archaeology for funding of a master's scholarship.

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Arrow has also vowed to raise awareness of archaeological compliance across the construction industry.

"Unfortunately, the nature of the damage is such that the site cannot be remediated. However, Arrow has worked diligently over the past four months at considerable cost in terms of staff and out of pocket expenses to make amends for its offending," said its lawyer Chris Fowler.

Arrow has either spent, or vowed to spend, $61,800 in total, in various ways, for its offending, for which Mr Fowler said it was "extremely remorseful".

Heritage New Zealand described the affected site as having played a "crucial role in developing ideas about the origins of Maori culture and the relationship between moa hunters and classical Maori".

"The site is a large moa hunter occupation site dating to around the mid 14th to early 15th centuries," it said.

The builders moved in after the house on Main Rd, damaged in the February 2011 quake, was demolished.

Before work was carried out, an application was supposed to have been submitted to Heritage New Zealand, which would have monitored the works in order to minimise damage and thoroughly analysed any deposits "to contribute to the nation's historical record".

They began excavations for the new building foundations on October 21, 2013.

On December 18, 2013, Heritage New Zealand was notified of site damage at the property.

Heritage New Zealand contacted Arrow and Mike Greer Homes and asked the contractors to desist from further earthworks.

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The heritage watchdogs investigated and found that shell, charcoal, fire-cracked rocks and a humerus of a dog had been disturbed.

A report confirmed that one feature was exposed which consisted of a "dark semi-circular shape rich with charcoal and shell, and fragments of fire-cracked rock and bone".

Both companies expressed confusion over who should have first contacted the authorities.

Prosecutor Tom Gilbert for Heritage New Zealand said today that while the organisation was disappointed by the offending in the first place, it was "delighted by the corporate response" and therefore it agreed with the "somewhat unusual" agreement to a conviction and discharge.

"Heritage New Zealand thinks conservation in New Zealand will be significantly enhanced because of these initiatives," Mr Gilbert said.

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