Neil Construction’s Kerikeri housing project within Kiwi habitat given green light by Environment Court

The proposed stages 3-5 of Rangitane River Park will have three times the housing density of the existing stages 1 and 2. Photo / Peter de Graaf

• The Environment Court has overturned a council decision, granting consent for a 119-lot housing project.
• Local groups and Ngāti Rēhia have expressed concerns about environmental and cultural impacts but were overruled.
• The court’s conditions include stringent design rules and a comprehensive pest management plan to protect kiwi habitats.

A controversial project on hold for two years has taken a dramatic turn with an upper court overturning the council’s decision to decline resource consent for a 100-plus housing development within a Kiwi habitat.

Neil Construction Ltd embarked on an ambitious vision to transform a sprawling piece of rural land, once part of the historic Tubbs Farm in the Far North, into a 124-lot rural residential subdivision.

The proposal promised a blend of modern homes amid expansive greenery with provisions for recreational reserves for community enjoyment.

However, the company’s journey hit an obstacle in 2022 when the Far North District Council (FNDC) rejected the subdivision application deeming it non-compliant over its potential impact on the rural landscape, productive soils, and Māori values.

The development also gained opposition from local lobby groups Vision Kerikeri and Friends of Rangitāne River who believed the project would create large urban sprawl in a rural area and increase traffic along Landing Rd by 30%.

Undeterred by the setback, Neil Construction revised its plans, scaling back the number of lots to 119 and incorporating extensive landscape planting and recreational areas to mitigate environmental concerns.

Despite the efforts, the council remained steadfast in its opposition at a hearing held before independent commissioners at the Turner Centre in Kerikeri in July 2022.

Following the hearing, the commissioners sided with the council’s decision, which Neil Construction appealed to the Environment Court.

In March 2023 a five-day hearing commenced presided over by Judge Jeff Smith and Judge Kelvin Reid who heard submissions from Vision Kerikeri, Friends of Rangitāne River and the FNDC regarding environmental risks, particularly concerning the habitat of the Northland brown kiwi.

The Rangitāne River Park plan has been given the green light. Photo / supplied

Dr John Cockrem from Kororā Ornithology Ltd highlighted the site’s significance as a high-density kiwi zone and expressed grave concerns about the potential disruption caused by public access and off-leash dogs in the proposed recreation reserve along the Rangitāne River.

Cockrem also presented evidence the wetlands area was home to several species classified as “at risk – declining” or “threatened – nationally critical” including the Australasian bittern, long-finned eel and long-tailed bats.

Local hapū Ngāti Rēhia provided a cultural impact assessment report for the project in 2020 with several recommendations and although they support housing development in the area, they did not believe this project would be affordable for the Ngāti Rēhia people.

The court noted there had been no engagement with Ngāti Rēhia by Neils since 2022 and they did not appear at the hearing so further views were unable to be considered.

Green light

After extensive deliberation, the Environment Court issued a landmark decision in June, ruling in favour of Neil Construction and granting the company resource consent.

The court concluded the revised proposal aligned with the objectives of relevant planning documents and the Resource Management Act.

Among these conditions were stringent residential design rules aimed at harmonising new constructions with the natural surroundings.

These included requirements for garage provisions, water tank concealment, non-reflective glazing, and earth-tone exterior colours. Additional structures like garages were mandated to complement primary dwellings in style and material while retaining walls will be limited in height and encouraged to use natural materials.

Furthermore, the court mandated a comprehensive pest management plan to safeguard indigenous fauna, particularly the vulnerable kiwi population. This plan includes specific provisions for fencing to protect kiwi habitats while restricting public access to sensitive areas.

The plan has also enforced a homeowner ban on cats and dogs to mitigate risks to local wildlife.

The 68ha proposed subdivision is currently farmland bounded by Kapiro Rd (pictured), Redcliffs Rd and Rangitane River. Photo / Peter de Graaf

“We acknowledge the predator control and restoration work being undertaken by the community and their strong interest in protecting the biodiversity of the area. As we stated at the hearing, we find that the best outcomes are achieved where parties work together, and we encourage the parties to try and do this,” the decision said.

Acting chair for Vision Kerikeri, Rolf Mueller-Glodde told NZME the group continues to actively oppose the development and the decision highlights the need for substantial improvements in the district plan.

“We are disappointed not only because of the negative environmental impacts but also because the development might lead to further urban sprawl into rural areas. There are much more appropriate locations for development near Kerikeri,” Mueller-Glodde said.

“Although we did not succeed in preventing this inappropriate type of development, our involvement did at least achieve some small improvements.”

Mueller-Glodde said as a small community group, they will not be able to afford to appeal the decision.

The Neil Group’s chief executive Phil Ainsworth told NZME the company was pleased with the decision to progress on stages three to six of the development.

“We are happy with the amendments proposed by the court and look forward to commencing work on-site in the upcoming construction season which will result in the completion of further lots late next year.

“The development of the next stage will deliver approximately 50 additional rural residential houses sites into the Kerikeri market, sized from 3000 sq m and upwards, all set against the backdrop of the Rangitāne River and the new recreation reserves that will be created as part of the development,” he said.

FNDC declined to comment.

Neil Construction has been given 30 days to provide the updated plan to the Environment Court.

Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.