KEY POINTS:
One of New Zealand's richest families wants to build a luxury retreat on a "pristine" Maori burial ground on Waiheke Island.
The Spencers, who blocked public access to the island's World War II defence complex at Stony Batter for almost 20 years, want to build a four-bedroom home
and guest accommodation at picturesque Owhiti Bay.
Bones and other signs of significant Maori settlement have been found at the bay, at the island's sparsely populated eastern end.
But a consultant acting for the Spencers says the site, which has strong cultural significance for Ngati Paoa, was chosen after expert advice.
The plans have been criticised by the iwi's tribal trust board but are understood to have drawn no objection from its whanau trust, which did not return Herald on Sunday calls.
Board chairman Joe Tupuhi said it was hard to believe someone would be "blatantly determined to destroy a cultural site".
"It is an important site. It is one of the most pristine burial sites in the Hauraki Gulf. Its isolation has helped."
Tupuhi said the landowners had the right to apply for resource management consent, but Ngati Paoa would oppose it and he was "confident" of a solution.
Man O' War Farm Limited lodged the application. Auckland City Council called for comment because the site is listed as of archaeological and ecological significance and building did not comply with the district plan.
Building on the sand dunes is also not permitted.
The Spencer family, who own 803.0683ha of the eastern side of Waiheke, are reclusive and thought to be living in New York and Scandinavia.
Andrea Brabant, of Landuse Planning Solutions, is involved in the application on their behalf.
She said the site was chosen "based on all our expert advice from all our consultants".
The council had 12 submissions before last Wednesday's deadline, all against the plan. The Auckland Regional Council was opposed because building would affect the cultural heritage site and wildlife, including the endangered New Zealand dotterel.
The Fire Service said firefighters could have access problems.
Pita Rikys, of the Gulf District Plan Association, said the planning application "breaks just about every rule in the book". "It's a bit like finding the undisturbed tomb of one of the Egyptian pharoahs that's never been tampered with and touched."
Waiheke historian Paul Monin called the application "a real shocker".
"It's non-complying in every respect, I really can't see how the applicants can proceed with any degree of confidence."
The Spencer family has long been the subject of controversy.
In 1984, John Spencer, former owner of Caxton Pulp and Paper and once the richest man in New Zealand, blocked a road to Stony Batter because it crossed his land.
The dispute stemmed from Spencer's claim that he didn't agree to the public road when he bought the land in 1979. The saga ended in 2002 when the Privy Council in London forced Spencer to restore access.