Transpower project in Tauranga hits another legal hurdle in dispute with residents

Transpower seeks to align a major power line along SH29 from Maungatapu to Matapihi. Photo / Getty Images

Transpower's plan to sling a major power line over the Maungatapu bridge has hit another legal hurdle in a long-running dispute with residents and iwi of the peninsula.

In a decision released yesterday, the appeal court denied leave for the national grid provider to appeal a High Court decision overturning consents for the project.

The project – costed at $7 million in 2018 – aimed to move a 3.3km portion of a 110kV transmission line, one of two supplying Mount Maunganui, to align with SH29A. The line currently hangs over properties in Maungatapu and via poles at risk of coastal erosion as well as a pylon in Tauranga Harbour.

The plan to sling part of the new line over Rangataua Bay between two 30-plus metre high power poles either side of the Maungatapu bridge was especially contentious.

A panel of independent commissioners appointed by Tauranga City Council and the Bay of Plenty Regional Council granted the consent in 2018.

A 2018 hearing to consider consent applications for Transpower to relocate a major power line. Photo / John Borren

This was despite opposition by residents and Ngāti He, a hapū with land in Maungatapu that has been in a long-standing battle with Transpower over the current power line, which was built on its land against its wishes in the 1950s.

There was support for moving the line but opposition to hanging it over the bridge - as the late Tai Taikato of Maungatapu Marae, put it in 2018, "in front of our faces".

The Tauranga Environmental Protection Society, a residents' group that argued members' views would be affected by the new power line, challenged the decision in the Environment Court, which upheld the consents.

The society appealed to the High Court and won an order to send the consent application back to the Environment Court.

Yesterday, president of the Court of Appeal, Justice Stephen Kós declined Transpower's application to appeal the High Court decision.

He ordered Transpower to pay costs.

Peter McArthur, president of the society, said the group was delighted "for all the people of Tauranga, but most importantly for the trustees of the Maungatapu Marae, the late Tai Taikato, and members of Ngati Hē and all of those who dipped into their pockets to fund this fight against the poor decisions originally made by both the city and regional council".

Tai Taikato, who passed away in 2020, opposed Transpower's plan. Photo / NZME

"[The councils] need to review their commitment to the quality of the built environment in Tauranga and their legal obligations to consider the rights of all parties in accordance with the Resource Management Act," McArthur said.

Bay of Plenty Regional Council and Tauranga City Council each said they were considering the appeal court's decision and its implications.

Both defended the "robust" process Transpower's application went through, including the scrutiny of the councils, independent commissioners and the environment and high courts.

Regional council consents manager Reuben Fraser said consents helped the council to sustainably manage and protect the environment.

"Assessing both the environment and community's needs are top priorities in the consent application process."

He said best practice was followed for the public notification and engagement process for Transpower's application.

The Bay of Plenty Regional Council building in Tauranga. Photo / George Novak

"However, we welcome feedback and are always open to improving our practices where possible.

"We heard [the society's] concerns and were responsive to their contact throughout the process.

"We appreciate them and other submitters providing their feedback on this application."

City council manager of environmental planning Dan Smith said the consenting of infrastructure in and around outstanding natural areas and areas of cultural significance was a complicated matter under the Resource Management Act.

"In this case, as a regulator, consent was only required from TCC for relocation of the transmission lines.

"TCC supports hapū aspirations to look for alternative ways to facilitate power transmission that has less impact on areas of significance to the hapū, especially Te Ariki Pā, Maungatapu Marae and Te Tāhuna o Rangataua.

"However, TCC also needs to better understand how it can manage infrastructure that may impact on Tauranga Harbour."

A Transpower spokesperson said it would be taking some time to consider the findings.
"We look forward to further discussion with local iwi, hāpu and the wider community in the near future."