Whangārei District Council under fire over sale of Dent St and Pihoihoi Pā land to hotel developer

Representatives of Te Iwitahi Manihera whānau, Te Parawhau hapū and Pihoihoi Pā tangata whenua, Ruh Wihongi-Vaughan (left) and Peter and Eve Vaughan at the Dent St site.

Tangata whenua of a culturally and historically significant pā site in Whangārei say the district council did not consult them before selling part of the land to a prominent hotel developer.

Their claim regarding 8-10 Dent St, which is part of Pihoihoi (Pihoi) Pā and formerly the site of Almond Court Flats, appears to be backed by Whangārei District Council’s records.

The council sold the land last year to Millennium & Copthorne Hotels NZ for $2.24 million. At the time, the major hotel chain had plans to build a four-star hotel with up to 110 rooms.

Council said its aims for better consideration of and consultation with mana whenua, and that its past engagement or record keeping may have fallen short of today’s standards.

A joint statement by Te Iwitahi Manihera whānau representatives, Te Parawhau hapū, and Ngāpuhi iwi, and supported by whānau of Ngāpuhi rangatira (chief) Tipene Hari, said council sold the Upper Dent St part of Pihoi Pā without consulting them – the “evidenced” tangata whenua.

“Legal advice is that WDC has a clear duty to identify and evidence 6th February 1840 pā sites, whānau, hapū, iwi, the senior chiefs occupying any and all lands, waterways within Whangārei district,” they said.

“If WDC were fulfilling their legal requirements and Treaty of Waitangi obligations, they would have engaged with the tangata whenua prior to the decision to dispose of these lands.”

They disputed council’s right to sell the land, saying they believed land on sacred and archaeological pā sites should return to the traditional owners or be land banked for future Treaty settlements as a restricted asset.

“Where is the council’s ‘acting in good faith’ and in accord with the Treaty of Waitangi principles: participation, protection, partnership?”

The council, when initially approached with the lack of consultation claim, stated it had sought feedback from hapū between 2022 and 2024 through Te Kārearea, which is the strategic partnership forum between it and Te Huinga, a collective of hapū from the district.

Officially requested information showed the sale had not been presented to Te Kārearea, noting it has no decision-making powers when it comes to decisions about selling property.

Furthermore, the information revealed council had found no correspondence from Te Huinga regarding the Dent St address in a search of agenda items and staff emails.

The Northern Advocate approached the council about the findings of the Official Information Act request.

District development manager Tony Collins said the council acknowledged in the past, the level of engagement with mana whenua and record keeping of that engagement on the issue may not have met today’s expectations.

“This is regrettable,” he said.

“Our aim as an organisation is for better consideration of and consultation with mana whenua to become ingrained in our professional practices.”

He said the council acknowledged Māori relationships and representations were dynamic and determined by hapū.

“It is not our role to define mandate or exclusivity but to engage respectfully and inclusively with those identified by hapū as appropriate representatives.”

The council carried out public consultation in 2012 seeking feedback on the Dent St site being used for tourism, visitor hotel and accommodation purposes. It reportedly involved meetings with hapū, such as kaumātua of Ngāti Kahu o Torongare ki Parawhau and Te Parawhau.

Collins said Te Iwitahi Mānihera were involved in discussions with council and the developer through a council-facilitated meeting in 2023.

“Their opposition to the sale was noted at the time and an understanding was reached that should the sale proceed, council would continue to support hapū in their communications with the developer.”

But Te Iwitahi Manihera whānau representatives, Te Parawhau hapū, and Ngāpuhi iwi stressed via their statement that evidenced tangata whenua – direct descendants – should have been consulted.

They said any due diligence before purchase by the buyer would have revealed tangata whenua was connected to the pā site.

Graffiti advising of Pihoihoi Pā was painted on the Almond Court flats while they were being demolished on the Dent St site.

Council acknowledged 8-10 Dent St, earmarked for hotel development in 2012, was part of Pihoihoi Pā.

Whangārei’s first Pākehā settler William Carruth was welcomed at the pā in 1839 by the tangata whenua Rangatira, senior chiefs Te Iwitahi and his son Manihera, both of Te Parawhau hapū, and Tipene Hari and Wi Pohe, senior chiefs of Ngāti Kahu Torongare hapū.

Gilbert Mair and his family, who Mair Park is named after, were welcomed at the pā at a later date.

John O’Hare of Heritage New Zealand Pouhere Taonga said while the pā was not listed with it as a historic place, it would likely be protected under the Heritage New Zealand Pouhere Taonga Act as an archaeological site.

This meant anybody wanting to do any earthworks may need to apply for an archaeological authority.

Heritage New Zealand recommended an archaeological assessment of works be undertaken by an approved archaeologist and in collaboration with tangata whenua.

This was to evaluate whether the proposed new hotel would impact any known archaeological sites, or places where archaeological sites were likely to exist, O’Hare said.

Council said compliance with the act was the responsibility of the landowner.

Millennium was approached for comment but did not respond.

The group said if the sale wasn’t to be reversed then they at least wanted to see a public notification for resource consent required.

The Dent St property is a mixed use zone with a hotel listed as a permitted activity, meaning only a building consent is needed unless the design triggers other planning rules.

“The Whangārei community should have a say in this proposed development as is their basic democratic right,” the group said.