Ngāti Kahu o Torongare spokeswoman Nicki Wakefield says the fight to protect Onoke Heights should not have happened after a clear court ruling in 1996. Photo / Denise Piper
Ngāti Kahu o Torongare spokeswoman Nicki Wakefield says the fight to protect Onoke Heights should not have happened after a clear court ruling in 1996. Photo / Denise Piper
A hapū who successfully fought a subdivision on sacred land and was awarded costs is still out of pocket by tens of thousands of dollars.
The award for costs is the latest development in the battle over Onoke Heights in the fast-growing suburb of Te Kamo, Whangārei, with the developerordered to pay nearly $50,000.
Onoke Heights is considered wāhi tapu, or culturally sacred, by Ngāti Kahu o Torongare and Te Parawhau as it was used to treat battle casualties and process the dead.
A 1996 Environment Court decision found Ngāti Kahu’s relationship with the land, and its traditional and cultural significance, was “clear and strong”.
So, when Whangārei District Council’s independent commissioner approved a 93-house subdivision by Onoke Heights Limited in February 2024, the decision was appealed to the Environment Court.
The appeal was lodged by Chantez Connor-Kingi on behalf of Ngāti Kahu o Torongare and joined by Protect Onoke Incorporated.
The Environment Court judges found it was one of the clearest cases they have ever seen of a site that should not be developed because of its significance to Māori.
The developer appealed to the High Court but later withdrew this appeal, including agreeing in writing it would not touch the historic trees on the site.
After the developer’s appeal was withdrawn, the Environment Court was able to consider awarding costs.
Judges Jeff Smith and Te Kani Williams ordered Onoke Heights Limited to pay Connor-Kingi and Protect Onoke Incorporated a total of $42,600, and to pay Northland Regional Council $6400.
Connor-Kingi and Protect Onoke Incorporated sought costs of $169,000 including $80,000 in legal fees and expenses, $47,500 in cultural evidence and $23,000 in technical expertise.
The large trees at Onoke Heights are remnant of a time when the trees were used in the processing of the dead, according to hapū spokeswoman Nicki Wakefield.
They asked for 80% of the costs to be met by the developer, with the balance subject to an out-of-court settlement with Whangārei District Council.
However, the judges questioned the costs of technical expertise and cultural evidence, given the lack of invoices for these costs and apparent duplication.
They agreed to award just a nominal payment of $6000 for Ngāti Kahu’s cultural costs but nothing toward technical expertise.
The judges also agreed to $30,000 towards Ruby Haazen’s legal fees, as well as $4000 for legal disbursements, $2000 for court hearing fees and $600 for the filing fee.
Ngāti Kahu o Torongare spokesperson Nicki Wakefield said on top of the awarded costs, it received $8833 from the now-disbanded Government Environmental Legal Assistance fund.
“It’s hugely helpful, it’s massively helpful but it doesn’t cover what we’ve had to pay,” she said.
The legal process was “very expensive” and there is no way to claim back the costs incurred preparing for the High Court appeal, because the developer’s appeal was withdrawn, Wakefield said.
“All up, this whole process has cost us in actual money about $120,000. A lot of that is pulled out of hapū members’ pockets and fundraising.
“That’s not counting the time we’ve put in: all the cultural experts are pretty much getting nothing.”
Wakefield is frustrated the process did not acknowledge cultural experts’ costs, in part because of a lack of invoices, which doesn’t sit well with tikanga.
The hapū is now focused on the long-term protection of the land, including district plan protections for the six large pūriri trees and a tōtara, which are historic and imbued with tapu, she said.
“We hope that would be quite straightforward now we’ve got the court agreeing to the significance and cultural values of Onoke.”
Onoke Heights Limited has been approached for comment.
Denise Piper is a news reporter for the Northern Advocate, focusing on health and business. She has more than 20 years in journalism and is passionate about covering stories that make a difference.
