Auckland Council is reviewing the Environment Court decision that affirmed Ngāti Whātua Ōrākei has dominance over 18 other iwi at Westhaven, Tāmaki Makaurau.
In a decision released on Friday, the Environment Court said it recognised the ancestral and cultural links that Ngāti Whātua Ōrākei has to the Auckland whenua (land)and wai (water) at Westhaven.
But yesterday, an Auckland Council spokesman said the court’s “interim decision” was being reviewed by the council.
“The court decision, which is interim, was released last Friday. The council is in the process of reviewing the interim decision, noting there is a court timetable and process to follow, with a final decision to be made by the court in October this year.
“The project is now with Auckland Council as Eke Panuku has been disestablished, effective 30 June 2025,” the spokesman told the Herald.
Friday’s decision came after a resource consent obtained by Eke Panuku Development Auckland, the former property arm of Auckland Council, to expand the Westhaven Marina.
Conditions of consent required Eke Panuku to engage with 19 listed iwi groups through a forum and to treat them all equally.
Ngāti Whātua Ōrākei appealed, arguing its relationship with Westhaven is materially stronger than that of the other iwi/hapū, which included Ngāti Maru, Ngāi Tai ki Tāmaki, Te Ākitai Waiōhua, Te Patukirikiri and Ngāti Whanaunga.
“We are willing and able to work with council to find a solution that is fair and appropriate that balances the value and knowledge that iwi bring, against the need to manage additional costs and delays to important developments and enhancements to our city that benefit all who call Tāmaki Makaurau home,” Blair, who gave evidence at the hearing, told the Herald.
“While it has been incredibly disappointing and frustrating to have to seek the acknowledgement of the courts – a process that requires significant resources and time – this is the system we have to work with.
“We hope this outcome stops a process which benefits no one, other than those who are claiming a say in the rohe [region] of other iwi.
“This decision provides clarity and certainty which is key for those wanting to invest and bring value to central Tāmaki Makaurau. This is a major win for everyone.”
“This decision makes it very clear that continuing to offer a blanket consultation requirement for those trying to invest and add value in central Tāmaki Makaurau, and in fact all of Auckland, is not acceptable and needs to change. This is a burden for everyone, including iwi, that adds only cost and delay and it needs to change.
In its decision, the court acknowledged the connection of Ngāti Whātua Ōrākei to Westhaven through take raupatu (confiscation), take tūpuna (ancestral rights), take tuku whenua (land transfer rights) and ahi kā (fires of occupation) – the pillars that uphold mana whenua for all iwi and hapū.
Ngāti Whātua Ōrākei has iwi dominance over central Auckland.
“We have found that Mr [Ngāti Whātua Ōrākei historian and cultural expert Joe] Pihema and Mr [Ngarimu] Blair have provided clear and compelling evidence grounded in tikanga Māori and matauranga Māori on the basis of which we are satisfied that the area around Westhaven forms part of the Ngāti Whātua Ōrākei rohe or heartland by virtue of take raupatu, consolidated by take tupuna and strengthened over time by the continuous exercise of ahi kā and mana,” the court said.
Ngāti Whātua Ōrākei chair Marama Royal said the decision was a powerful step forward in changing a process that unnecessarily added additional costs to developments and fostered tensions between neighbouring iwi.
“Our people can look across to Westhaven from our marae, yet we had this situation where other iwi, some whose marae are more than 100 kilometres away from the development, were claiming to speak with equal knowledge and understanding around this whenua and the surrounding waterways.
“They wanted to speak with the same authority as those who have nurtured and acted as kaitiaki [guardians] for the whenua and wai for many generations? This is the situation we faced, and continue to face, far too often across our small rohe.”
Joseph Los’e is an award-winning journalist and joined NZME in 2022 as Kaupapa Māori Editor. Los’e was a chief reporter and news director at the Sunday News newspaper covering crime, justice and sport. He was also editor of the NZ Truth and prior to joining NZME worked for urban Māori organisation Whānau Waipareira.
